Sec. 1. As used in this chapter, "prior law"
refers to the statutes concerning courts and court officers that
are repealed or amended in the recodification act of the 2004
regular session of the general assembly as the statutes existed
before the effective date of the applicable or corresponding
provision of the recodification act of the 2004 regular session
of the general assembly.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

IC 33-22-1-2Purpose of recodification

Sec. 2. The purpose of the recodification act of
the 2004 regular session of the general assembly is to recodify
prior law in a style that is clear, concise, and easy to interpret
and apply. Except to the extent that:

(1) the recodification act of the 2004 regular session of the
general assembly is amended to reflect the changes made
in a provision of another bill that adds to, amends, or
repeals a provision in the recodification act of the 2004
regular session of the general assembly; or

(2) the minutes of meetings of the code revision
commission during 2003 expressly indicate a different
purpose;

the substantive operation and effect of the prior law continue
uninterrupted as if the recodification act of the 2004 regular
session of the general assembly had not been enacted.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

IC 33-22-1-3Statutory construction of recodification

Sec. 3. Subject to section 2 of this chapter,
sections 4 through 9 of this chapter shall be applied to the
statutory construction of the recodification act of the 2004
regular session of the general assembly.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

IC 33-22-1-4Effect of recodification

Sec. 4. (a) The recodification act of the 2004
regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness
issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any
contracts, easements, or leases executed;

(11) the validity of court decisions entered regarding the
constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2004
regular session of the general assembly (July 1, 2004). Those
rights, liabilities, penalties, violations, proceedings, bonds,
notes, loans, other forms of indebtedness, tax levies, funds,
patents, contracts, easements, leases, permits, licenses,
certificates of registration, grants of authority, and limitations
of authority continue and shall be imposed and enforced under
prior law as if the recodification act of the 2004 regular session
of the general assembly had not been enacted.

(b) The recodification act of the 2004 regular session of the
general assembly does not:

(1) extend or cause to expire a permit, license, certificate
of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a
license, permit, certificate of registration, or other grant or
limitation of authority;

issued under the prior law.

(c) The recodification act of the 2004 regular session of the
general assembly does not affect the revocation, limitation, or
suspension of a permit, license, certificate of registration, or
other grant or limitation of authority based in whole or in part
on violations of the prior law or the rules adopted under the
prior law.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

IC 33-22-1-5Recodification of prior law

Sec. 5. The recodification act of the 2004
regular session of the general assembly shall be construed as a
recodification of prior law. Except as provided in section 2(1)
and 2(2) of this chapter, if the literal meaning of the
recodification act of the 2004 regular session of the general
assembly (including a literal application of an erroneous change
to an internal reference) would result in a substantive change in
the prior law, the difference shall be construed as a
typographical, spelling, or other clerical error that must be
corrected by:

(1) inserting, deleting, or substituting words, punctuation,
or other matters of style in the recodification act of the
2004 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the
2004 regular session of the general assembly in a manner that
does not result in a substantive change in the law. The principle
of statutory construction that a court must apply the literal
meaning of an act if the literal meaning of the act is
unambiguous does not apply to the recodification act of the
2004 regular session of the general assembly to the extent that
the recodification act of the 2004 regular session of the general
assembly is not substantively identical to the prior law.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

IC 33-22-1-6References to repealed statutes

Sec. 6. Subject to section 9 of this chapter, a
reference in a statute or rule to a statute that is repealed and
replaced in the same or a different form in the recodification act
of the 2004 regular session of the general assembly shall be
treated after the effective date of the new provision as a
reference to the new provision.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

IC 33-22-1-7References to citations

Sec. 7. A citation reference in the
recodification act of the 2004 regular session of the general
assembly to another provision of the recodification act of the
2004 regular session of the general assembly shall be treated as
including a reference to the provision of prior law that is
substantively equivalent to the provision of the recodification
act of the 2004 regular session of the general assembly that is
referred to by the citation reference.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

IC 33-22-1-8References to prior rules

Sec. 8. (a) As used in the recodification act of
the 2004 regular session of the general assembly, a reference to
rules adopted under any provision of this title or under any
other provision of the recodification act of the 2004 regular
session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 2004
regular session of the general assembly; or

(2) rules adopted under the prior law until those rules have
been amended, repealed, or superseded.

(b) Rules adopted under the prior law continue in effect after
June 30, 2004, until the rules are amended, repealed, or
suspended.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

IC 33-22-1-9References to prior law

Sec. 9. (a) A reference in the recodification act
of the 2004 regular session of the general assembly to a citation
in the prior law before its repeal is added in certain sections of
the recodification act of the 2004 regular session of the general
assembly only as an aid to the reader.

(b) The inclusion or omission in the recodification act of the
2004 regular session of the general assembly of a reference to
a citation in the prior law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness
issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts,
easements, or leases executed;

(11) the validity of court decisions entered regarding the
constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2004
regular session of the general assembly (July 1, 2004). Those
rights, liabilities, penalties, violations, proceedings, bonds,
notes, loans, other forms of indebtedness, tax levies, funds,
patents, contracts, easements, leases, permits, licenses,
certificates of registration, grants of authority, and limitations
of authority continue and shall be imposed and enforced under
prior law as if the recodification act of the 2004 regular session
of the general assembly had not been enacted.

(c) The inclusion or omission in the recodification act of the
2004 regular session of the general assembly of a citation to a
provision in the prior law does not affect the use of a prior
conviction, violation, or noncompliance under the prior law as
the basis for revocation of a license, permit, certificate of
registration, or other grant of authority under the recodification
act of the 2004 regular session of the general assembly, as
necessary or appropriate to apply the recodification act of the
2004 regular session of the general assembly in a manner that
does not result in a substantive change in the law.

Sec. 3. "Commission on judicial qualifications",
except as used in IC 33-33-71, means the commission described in
Article 7, Section 9 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-1-4Crime

Sec. 4. "Crime" means a felony or a misdemeanor.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-1-4.5"Drug related felony"

Sec. 4.5. "Drug related felony" has the meaning set
forth in IC 35-48-1-16.3.

As added by P.L.252-2017, SEC.5.

IC 33-23-1-5Felony

Sec. 5. "Felony" means a violation of a statute for
which a person may be imprisoned for more than one (1) year.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-1-6Infraction

Sec. 6. "Infraction" means a violation of a statute for
which a person may be fined but not imprisoned.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-1-7Judicial nominating commission

Sec. 7. "Judicial nominating commission", except as
used in IC 33-33-2, IC 33-33-45, and IC 33-33-71, means the
commission described in Article 7, Section 9 of the Constitution of the
State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-1-8Judicial office

Sec. 8. "Judicial office" means the office held by a
judge or justice.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-1-8.5Medication assisted treatment

Sec. 8.5. "Medication assisted treatment" has the
meaning set forth in IC 12-7-2-128.7.

As added by P.L.203-2017, SEC.6.

IC 33-23-1-9Misdemeanor

Sec. 9. "Misdemeanor" means a violation of a statute
for which a person may be imprisoned for not more than one (1) year.

33-23-2-6Setting for trial of cases at issue; discharge
of rules upon which time has run

IC 33-23-2-1Calendar year term

Sec. 1. The term of court for all courts is the
calendar year and the judges of a court may act in all matters
and proceedings through the entire calendar year.

[Pre-2004 Recodification Citation: 33-1-6-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-2-2Continuance of trial; attendance of jury and witnesses

Sec. 2. If, at the expiration of the time fixed by
law for the continuance of the term of a court, the trial of a case
is progressing, the court may:

(1) continue sitting beyond the time;

(2) require the attendance of the jury and witnesses; and

(3) do, transact, and enforce all other matters necessary for
the determination of the case.

The term of the court may not be considered to be ended until
the case has been fully disposed of by the court.

[Pre-2004 Recodification Citation: 33-1-2-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-2-3Judge's time and attendance; judicial circuit of two or more
courts

Sec. 3. If a judicial circuit consists of two (2)
or more courts, the judge of the circuit shall divide the judge's
time and the attendance in each court as the business of the
courts requires.

[Pre-2004 Recodification Citation: 33-1-6-2.]

As added by P.L.98-2004, SEC.2.

IC 33-23-2-4Power and control over judgments; retaining after rendering

Sec. 4. All courts retain power and control over
their judgments for ninety (90) days after rendering the
judgments in the same manner and under the same conditions
as they retained power and control during the term of court in
which the judgments were rendered.

[Pre-2004 Recodification Citation: 33-1-6-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-2-5Term of court describing or fixing period of time

Sec. 5. If in any statute, rule, or order, a period
is described or fixed by a term of court, a period of sixty (60)
days for the purposes of time limitation only shall be substituted
for the term of court.

[Pre-2004 Recodification Citation: 33-1-6-4.]

As added by P.L.98-2004, SEC.2.

IC 33-23-2-6Setting for trial of cases at issue; discharge of rules upon which
time has run

Sec. 6. In setting for trial a case at issue and in
discharging rules upon which time has run, a judge shall:

(1) fix regular periods for setting cases not exceeding one
hundred twenty (120) days between the periods; or

(2) set each case by a docket sheet entry, on a day certain,
with notice, either in person or by mail, of the date set to
attorneys of record.

Sec. 2. Upon approving the request by a circuit court,
a superior court, a probate court, the tax court, or the court of appeals
for a senior judge, the supreme court may appoint a senior judge to
serve that court for the duration specified in the application submitted
under section 1 of this chapter.

(1) exercises the jurisdiction granted to the court served by the
senior judge;

(2) may serve as a domestic relations mediator, subject to the
code of judicial conduct;

(3) serves at the pleasure of the supreme court; and

(4) serves in accordance with rules adopted by the supreme court
under IC 33-24-3-7.

A senior judge serving as a domestic relations mediator is not entitled
to reimbursement or a per diem under section 5 of this chapter. A
senior judge serving as a domestic relations mediator may receive
compensation from the alternative dispute resolution fund under IC 33-23-6 in accordance with the county domestic relations alternative
dispute resolution plan.

(b) A senior judge appointed to serve in a county that has:

(1) a probate court;

(2) a circuit court; or

(3) a superior court judge;

may, with the consent of the probate court judge, the circuit court
judge, or any judge of a superior court in the county, sit as the judge of
the consenting judge's court in any matter as if the senior judge were
the elected judge or appointed judge of the court.

[Pre-2004 Recodification Citation: 33-4-8-3.]

As added by P.L.98-2004, SEC.2. Amended by P.L.22-2016,
SEC.1.

IC 33-23-3-4Assignment to serve; acceptance; rejection

Sec. 4. The supreme court may not require a senior
judge to accept an assignment to serve a circuit court, a superior court,
a probate court, the tax court, or the court of appeals. If a senior judge
declines an assignment to serve, the supreme court may offer the senior
judge subsequent assignments to serve a circuit court, a superior court,
a probate court, the tax court, or the court of appeals.

(1) For each of the first thirty (30) days of service in a calendar
year, a per diem of one hundred dollars ($100).

(2) Except as provided in subsection (c), for each day the senior
judge serves after serving the first thirty (30) days of service in a
calendar year, a per diem of two hundred fifty dollars ($250).

(3) Reimbursement for:

(A) mileage; and

(B) reasonable expenses, including but not limited to meals and
lodging, incurred in performing service as a senior judge;

for each day served as a senior judge.

(b) Subject to subsection (c), the per diem and reimbursement for
mileage and reasonable expenses under subsection (a) shall be paid by
the state.

(c) The compensation under subsection (a)(2) must be paid by the
state from funds appropriated to the supreme court for judicial payroll.
If the payroll fund is insufficient to pay the compensation under
subsection (a)(2), the supreme court may issue an order adjusting the
compensation rate.

(d) A senior judge appointed under this chapter may not be
compensated as a senior judge for more than one hundred (100) total
calendar days during a calendar year.

Sec. 1. This chapter does not apply to a county
having a court administrator under Indiana law before July 29,
1975.

[Pre-2004 Recodification Citation:
33-1-12-6.]

As added by P.L.98-2004, SEC.2.

IC 33-23-4-2Creation of position

Sec. 2. The position of court administrator may
be created by a majority vote of the judges in section 3 of this
chapter in every county having a population according to the
last United States decennial census of more than one hundred
thousand (100,000) persons.

[Pre-2004 Recodification Citation:
33-1-12-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-4-3Appointment

Sec. 3. The court administrator shall be
appointed by and serve at the pleasure of the majority of the
judges of the following courts of the county sitting in
committee:

(1) Circuit court.

(2) Superior court.

(3) Juvenile court.

(4) Probate court.

(5) Criminal court.

[Pre-2004 Recodification Citation:
33-1-12-2.]

As added by P.L.98-2004, SEC.2.

IC 33-23-4-4Full-time position

Sec. 4. The court administrator:

(1) shall devote full time to the court administrator's
official duties; and

(2) may not engage in any other profession for profit.

[Pre-2004 Recodification Citation:
33-1-12-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-4-5Duties; salary

Sec. 5. (a) Sitting in committee, the judges of
the courts listed in section 3 of this chapter in each county shall
determine the duties of the court administrator; and the court
administrator shall perform the administrative duties the judges
determine.

(b) The salary of the court administrator shall be determined
by a majority of the judges listed in section 3 of this chapter in
each county, sitting in committee. The court administrator's
salary shall be paid by the county upon the order of the majority
of the committee of judges.

[Pre-2004 Recodification Citation:
33-1-12-4.]

As added by P.L.98-2004, SEC.2.

IC 33-23-4-6Additional personnel; salaries

Sec. 6. (a) To implement this chapter, the
judges of the courts, sitting in committee, may appoint
additional personnel in sufficient number so that the courts are
adequately served by the court administrator.

(b) The salaries of the additional personnel shall be paid by
the county upon the order of the committee of judges.

Sec. 1. This chapter applies to a court expressly
authorized by statute to appoint a full-time magistrate.

[Pre-2004 Recodification Citation: 33-4-7-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-5-2Qualifications

Sec. 2. A magistrate must be admitted to the practice
of law in Indiana.

[Pre-2004 Recodification Citation: 33-4-7-2.]

As added by P.L.98-2004, SEC.2.

IC 33-23-5-3Restriction on practice of law

Sec. 3. A magistrate may not engage in the practice of
law while holding the office of magistrate.

[Pre-2004 Recodification Citation: 33-4-7-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-5-4Confidentiality of applicant files

Sec. 4. The files of applicants for appointment as a
magistrate, including the names of applicants, are confidential as
provided in IC 5-14-3-4(b)(8).

[Pre-2004 Recodification Citation: 33-4-7-3.5.]

As added by P.L.98-2004, SEC.2.

IC 33-23-5-5Powers of magistrate

Sec. 5. A magistrate may do any of the following:

(1) Administer an oath or affirmation required by law.

(2) Solemnize a marriage.

(3) Take and certify an affidavit or deposition.

(4) Order that a subpoena be issued in a matter pending before the
court.

(5) Compel the attendance of a witness.

(6) Punish contempt.

(7) Issue a warrant.

(8) Set bail.

(9) Enforce court rules.

(10) Conduct a preliminary, an initial, an omnibus, or other
pretrial hearing.

(11) Conduct an evidentiary hearing or trial.

(12) Receive a jury's verdict.

(13) Verify a certificate for the authentication of records of a
proceeding conducted by the magistrate.

(14) Enter a final order, conduct a sentencing hearing, and impose
a sentence on a person convicted of a criminal offense as
described in section 9 of this chapter.

(15) Enter a final order or judgment in any proceeding involving
matters specified in IC 33-29-2-4 (jurisdiction of small claims
docket) or IC 34-26-5 (protective orders to prevent domestic or
family violence).

Sec. 6. A magistrate may serve as a judge pro tempore
or as a special judge of the court. A magistrate is not entitled to
additional compensation for service under this section.

[Pre-2004 Recodification Citation: 33-4-7-5.]

As added by P.L.98-2004, SEC.2.

IC 33-23-5-7Administrative duties

Sec. 7. The court may assign a magistrate
administrative duties that are consistent with this chapter.

[Pre-2004 Recodification Citation: 33-4-7-6.]

As added by P.L.98-2004, SEC.2.

IC 33-23-5-8Judicial mandate; final appealable order

Sec. 8. Except as provided under sections 5(14) and
9(b) of this chapter, a magistrate:

(1) does not have the power of judicial mandate; and

(2) may not enter a final appealable order unless sitting as a judge
pro tempore or a special judge.

[Pre-2004 Recodification Citation: 33-4-7-7.]

As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008,
SEC.4.

IC 33-23-5-9Findings; final orders; sentencing hearing; sentencing

Sec. 9. (a) Except as provided under subsection (b), a
magistrate shall report findings in an evidentiary hearing, a trial, or a
jury's verdict to the court. The court shall enter the final order.

(b) If a magistrate presides at a criminal trial or a guilty plea
hearing, the magistrate may do the following:

(1) Enter a final order.

(2) Conduct a sentencing hearing.

(3) Impose a sentence on a person convicted of a criminal offense.

(c) This subsection does not apply to a consolidated city. Unless the
defendant consents, a magistrate who did not preside at the criminal
trial may not preside at the sentencing hearing. However, this
subsection does not prohibit a magistrate from presiding at a
sentencing hearing if there was no trial.

Sec. 10. A magistrate is entitled to an annual salary
equal to eighty percent (80%) of the salary of a judge under IC 33-38-5-6.

[Pre-2004 Recodification Citation: 33-4-7-9.1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-5-11Source of salary

Sec. 11. Except as provided in section 12 of this
chapter, the state shall pay the salary of a magistrate. A county located
in the circuit that the magistrate serves may supplement the
magistrate's salary.

Sec. 1. (a) In addition to the fees required under IC 33-37-4-4, if a county meets the requirements of this chapter, the clerk
of the court shall collect from the party filing a petition for legal
separation, paternity, or dissolution of marriage under IC 31 an
alternative dispute resolution fee of twenty dollars ($20).

(b) Not later than thirty (30) days after the clerk collects a fee under
subsection (a), the clerk shall forward to the county auditor the
alternative dispute resolution fee. The county auditor shall deposit the
fee forwarded by the clerk under this section into the alternative
dispute resolution fund.

(b) Notwithstanding subsection (a), if more than one (1) court
exercises jurisdiction over domestic relations and paternity cases in a
county, one (1) alternative dispute resolution fund may be established
to be used by all the courts to implement this chapter if:

(1) the:

(A) county auditor; and

(B) judge of each court that exercises jurisdiction over domestic
relations and paternity cases in the county;

agree to establish one (1) fund; and

(2) the agreement to establish the fund is included in the plan
adopted by the county under section 3 of this chapter.

(c) The sources of money for each fund established under subsection
(a) or (b) are:

(1) the alternative dispute resolution fee collected under section
1 of this chapter for the circuit court, superior court, or probate
court, respectively; and

(2) copayments collected under subsection (d) if:

(A) a county chooses to deposit the copayments into the fund;
and

(B) the county specifies in the plan adopted by the county under
section 3 of this chapter that the copayments will be deposited
in the fund.

Litigants referred by the court to services covered by the fund shall
make a copayment for the services in an amount determined by the
court based on the litigants' ability to pay. The fund shall be
administered by the circuit, superior, or probate court that exercises
jurisdiction over domestic relations and paternity cases in the county.
A fund used by multiple courts under subsection (b) shall be
administered jointly by all the courts using the fund. Money in each
fund at the end of a fiscal year does not revert to the county general
fund but remains in the fund for the uses specified in this section.

(e) Each circuit, superior, or probate court that administers an
alternative dispute resolution fund shall ensure that money in the fund
is disbursed in a manner that primarily benefits those litigants who
have the least ability to pay, in accordance with the plan adopted by the
county under section 3 of this chapter.

(f) A court may not order parties into mediation or refer parties to
mediation if a party is currently charged with or has been convicted of
a crime:

(2) in another jurisdiction that is substantially similar to the
elements of a crime described in IC 35-42.

[Pre-2004 Recodification Citation: 33-4-13-2.]

As added by P.L.98-2004, SEC.2. Amended by P.L.55-2005,
SEC.1.

IC 33-23-6-3Plan; judicial approval

Sec. 3. (a) A county desiring to participate in the
program under this chapter must:

(1) develop a plan to carry out the purposes of section 2 of this
chapter that is approved by a majority of the judges in the county
exercising jurisdiction over domestic relations and paternity
cases; and

(2) submit the plan to the judicial conference of Indiana.

(b) The plan under subsection (a) must include:

(1) information concerning how the county proposes to carry out
the purposes of the domestic relations alternative dispute
resolution fund as set out in section 2 of this chapter; and

(2) a method of ensuring that the money in the alternative dispute
resolution fund is disbursed in a manner that primarily benefits
those litigants who have the least ability to pay.

The plan may include the use of senior judges as mediators in domestic
relations cases as assigned by the supreme court. The judicial
conference of Indiana may request additional information from the
county as necessary.

[Pre-2004 Recodification Citation: 33-4-13-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-6-4Annual report

Sec. 4. A county that participates in the program under
this chapter shall submit a report to the judicial conference of Indiana
not later than December 31 of each year summarizing the results of the
program.

Sec. 1. (a) An Indiana state court may grant the rights,
benefits, and protections described in Section 513 of the federal
Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., to a
person primarily or secondarily liable on an obligation or a liability of
an Indiana national guard member to whom IC 10-16-7-23 applies.

(b) All rights, benefits, and protections granted to a person under
subsection (a) are in addition to the rights, benefits, and protections
granted the person under the federal Servicemembers Civil Relief Act,
50 U.S.C. App. 501 et seq.

33-23-11-17Supreme court or court of appeals; prohibited
activities of judges

IC 33-23-11-1"Cause"

Sec. 1. As used in this chapter, "cause" means a trial,
a hearing, an arraignment, a controversy, an appeal, a case, or any
business performed within the official duty of a justice, judge, or
prosecuting attorney.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-2"Close relative"

Sec. 2. As used in this chapter, "close relative" means
a person:

(1) related to another person filing a statement of economic
interest; or

(2) related to the other person's spouse;

as a son, a daughter, a grandson, a granddaughter, a great-grandson, a
great-granddaughter, a father, a mother, a grandfather, a grandmother,
a great-grandfather, a great-grandmother, a brother, a sister, a nephew,
a niece, an uncle, or an aunt. For purposes of this section, relatives by
adoption, half-blood, marriage, or remarriage are treated as relatives of
whole kinship.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2. Amended by P.L.245-2017,
SEC.5.

IC 33-23-11-3"Compensation"

Sec. 3. As used in this chapter, "compensation"
means any money, thing of value, or economic benefit conferred on or
received by any person in return for services rendered or for services
to be rendered, whether by that person or another.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-4"Economic interest"

Sec. 4. As used in this chapter, "economic interest"
means substantial financial interest in investments, employment,
awarding of contracts, purchases, leases, sales, or similar matters.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-5"Employer"

Sec. 5. As used in this chapter, "employer" means
any person from whom the judge, justice, or prosecuting attorney or the
spouse of the judge, justice, or prosecuting attorney receives any
nonstate income.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-6"Information of a confidential nature"

Sec. 6. As used in this chapter, "information of a
confidential nature" means information that:

(1) is obtained by reason of the position or office held; and

(2) has not been or will not be communicated to the general
public.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-7"Judge"

Sec. 7. (a) As used in this chapter, "judge" means a
judge of the court of appeals, the tax court, or a circuit, superior,
county, small claims, or probate court.

(b) The term includes a judge pro tempore, commissioner, or
hearing officer if the judge pro tempore, commissioner, or hearing
officer sits more than twenty (20) days other than Saturdays, Sundays,
or holidays in one (1) calendar year as a judge, commissioner, or
hearing officer in any court.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-8"Person"

Sec. 8. As used in this chapter, "person" means any
individual, proprietorship, partnership, unincorporated association,
trust, business trust, group, limited liability company, or corporation,
whether or not operated for profit, or a governmental agency or
political subdivision.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-9Participation in cause; economic interest

Sec. 9. A justice, judge, or prosecuting attorney may
not participate in a cause that involves a matter in which the justice,
judge, or prosecuting attorney or a member of the family of the justice,
judge, or prosecuting attorney has an economic interest.

[Pre-2004 Recodification Citation: 33-2.1-8-2.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-10Influence upon actions involving legislator

Sec. 10. The actions of a justice, judge, or
prosecuting attorney in a cause that involves a legislator or a member
of a legislator's family may not be influenced by any matters previously
considered or to be considered by the legislator in the general
assembly.

[Pre-2004 Recodification Citation: 33-2.1-8-2.5.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-11Disclosure of economic interest

Sec. 11. A justice, judge, or prosecuting attorney
shall promptly and fully disclose any economic interest or other
personal stake the justice, judge, or prosecuting attorney or a member
of the family of the justice, judge, or prosecuting attorney may have in
a cause in which the justice, judge, or prosecuting attorney is a
participant.

[Pre-2004 Recodification Citation: 33-2.1-8-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-12Compensation resulting from material information

Sec. 12. A justice, judge, or prosecuting attorney
may not accept any compensation from any employment, transaction,
or investment that was entered into or made as a result of material
information of a confidential nature.

[Pre-2004 Recodification Citation: 33-2.1-8-4.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-13Excessive compensation for sale, lease, or service

Sec. 13. A justice, judge, or prosecuting attorney
may not accept compensation for the sale or lease of any property or
service that exceeds the amount that the justice, judge, or prosecuting
attorney would charge in the ordinary course of business from any
person or entity whom the justice, judge, or prosecuting attorney
knows, or has reason to know, has an economic interest in the outcome
of a current or future cause in which the justice, judge, or prosecuting
attorney is or may be a participant.

[Pre-2004 Recodification Citation: 33-2.1-8-5.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-14Annual statement of economic interests

Sec. 14. (a) The following shall file with the
commission on judicial qualifications an annual statement of economic
interests:

(1) Justices, judges, and prosecuting attorneys.

(2) Except as provided in subsection (c), any candidate for one (1)
of the offices listed in subdivision (1) who is not the holder of that
office.

(b) Justices and judges who are candidates for retention in office are
subject to IC 3-9.

(c) This section does not apply to a candidate for an appointment
pro tempore to fill a vacancy in an office under IC 3-13.

[Pre-2004 Recodification Citation: 33-2.1-8-6.]

As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008,
SEC.5.

IC 33-23-11-15Filing of statement

Sec. 15. (a) The statement of economic interests
must be filed with the commission on judicial qualifications:

(1) not later than February 1 if the individual is required to file the
statement as an officeholder; or

(2) if a candidate for office, before the individual (or a political
party officer acting on behalf of the individual) files:

(E) a declaration of intent to be a write-in candidate, if required
under IC 3-8-2.

(b) In a county where judges are selected by a county commission
on judicial qualifications, a candidate must file a statement with the
county commission on judicial qualifications and with the commission
on judicial qualifications.

[Pre-2004 Recodification Citation: 33-2.1-8-7.]

As added by P.L.98-2004, SEC.2.

IC 33-23-11-16Contents of statement of economic interests

Sec. 16. The statement of economic interests must
set forth the following information for the preceding calendar year:

(1) The name and address of any person other than a spouse or
close relative from whom the justice, judge, or prosecuting
attorney received a gift or gifts having a total fair market value of
more than one hundred dollars ($100).

(2) The name of the employer of the justice, judge, or prosecuting
attorney and the employer of the spouse of the justice, judge, or
prosecuting attorney.

(3) The nature of the employer's business.

(4) The name of any sole proprietorship owned or professional
practice operated by the justice, judge, or prosecuting attorney, or
the spouse of the justice, judge, or prosecuting attorney, and the
nature of the business.

(5) The name of any partnership of which the justice, judge, or
prosecuting attorney, or the spouse of the justice, judge, or
prosecuting attorney, is a member and the nature of the
partnership's business.

(6) The name of any corporation (except a church) of which the
justice, judge, or prosecuting attorney, or the spouse of the justice,
judge, or prosecuting attorney, is an officer or a director and the
nature of the corporation's business.

(7) The name of any corporation in which the justice, judge, or
prosecuting attorney, or the spouse or unemancipated children
less than eighteen (18) years of age of the justice, judge, or
prosecuting attorney, owns stock or stock options having a fair
market value of more than ten thousand dollars ($10,000).

(1) the right of every citizen to freely participate in political
activity is inherent in the guarantee of free speech contained in
Article 1, Section 9 of the Constitution of the State of Indiana and
in Amendment I to the Constitution of the United States;

(2) the right to freely participate in political activity is guaranteed
to state employees under IC 4-15-10-2;

(3) the judiciary is not less subject to constitutional strictures
against governmental interference with the free exercise of speech
than are the executive and legislative branches of government;
and

(4) employees in the judicial branch of state government have the
same rights guaranteed to all Indiana citizens.

[Pre-2004 Recodification Citation: 33-1-17-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-12-2"Court employee"

Sec. 2. (a) As used in this chapter, "court employee"
means a person employed by any of the following:

(1) The supreme court.

(2) The court of appeals.

(3) The tax court.

(4) A circuit court.

(5) A superior court.

(6) A juvenile court.

(7) A probate court.

(8) A municipal court.

(9) A city or town court.

(10) A small claims court.

(b) The term does not include a judge of any of the courts listed in
subsection (a)(1) through (a)(10).

[Pre-2004 Recodification Citation: 33-1-17-2.]

As added by P.L.98-2004, SEC.2. Amended by P.L.201-2011,
SEC.20.

IC 33-23-12-3Right to participate in or abstain from political activity

Sec. 3. Except when on duty or acting in an official
capacity and except where otherwise provided by state or federal law,
a court employee may not be:

(1) discouraged from engaging in political activity; or

(2) denied the right to choose to refrain from engaging in political
activity.

33-23-13-6Attorney general employment of legal and
other professional services

IC 33-23-13-1"Judge" defined

Sec. 1. As used in this chapter, "judge" has the
meaning set forth in IC 33-38-12-3.

[Pre-2004 Recodification Citation:
33-2.1-9-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-13-2"Prosecuting attorney" defined

Sec. 2. As used in this chapter, "prosecuting
attorney" includes a senior prosecuting attorney appointed
under IC 33-39-1.

[Pre-2004 Recodification Citation:
33-2.1-9-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-13-3Defense by attorney general or private counsel

Sec. 3. If a judge or prosecuting attorney is
sued for civil damages or equitable relief and the suit would be
construed, under notice pleading, as arising out of an act
performed within the scope of the duties of the judge or
prosecuting attorney, the attorney general shall:

(1) defend the judge or prosecuting attorney in the suit; or

(2) authorize the executive director of the division of state
court administration to hire private counsel to provide the
defense.

[Pre-2004 Recodification Citation:
33-2.1-9-1.]

As added by P.L.98-2004, SEC.2.

IC 33-23-13-4Criminal or disciplinary proceedings

Sec. 4. This chapter does not permit the
appointment of counsel for the defense of a judge or
prosecuting attorney in criminal or disciplinary proceedings.

(1) deprive a judge or prosecuting attorney of the judge's or
prosecuting attorney's right to select defense counsel of the
judge's or prosecuting attorney's own choice at the judge's
or prosecuting attorney's own expense; or

(2) relieve a prosecuting attorney from responsibility for
civil damages.

[Pre-2004 Recodification Citation:
33-2.1-9-3.]

As added by P.L.98-2004, SEC.2.

IC 33-23-13-6Attorney general employment of legal and other professional
services

Sec. 6. The attorney general may employ legal
and other professional services necessary to adequately and
fully perform the duties required by this chapter.

(6) A confined offender who is determined to be mentally ill and
has been involuntarily transferred to and accepted by the division
of mental health and addiction under IC 11-10-4-3.

As added by P.L.110-2009, SEC.11.

IC 33-23-15-2Petition for review; evidence; findings by court or department of
correction

Sec. 2. (a) If a person described in section 1 of this
chapter:

(1) has been released from commitment; or

(2) successfully completes a treatment or rehabilitation program;

the person may petition the court (if the adjudication leading to the
person's commitment, rehabilitation, or treatment program was from a
court) or the department of correction (if the determination leading to
the person's rehabilitation or treatment program was from a psychiatrist
employed by or retained by the department of correction) to determine
whether the person is prohibited from possessing a firearm because the
person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13).

(b) In determining whether the person is prohibited from possessing
a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13), the court or department of
correction shall consider the following evidence:

(1) The facts and circumstances leading to the person being
included in the category of persons to whom this chapter applies.

(2) The person's mental health and criminal history records.

(3) Evidence concerning the person's reputation, including the
testimony of character witnesses.

(4) A recent mental health evaluation by a psychiatrist or
psychologist licensed to practice in Indiana.

(c) If the court or the department of correction, after considering the
evidence described in subsection (b), finds by clear and convincing
evidence that:

(1) the person is not a danger to the person or to others;

(2) the person is not likely to act in a manner dangerous to public
safety; and

(3) the requested relief would not be contrary to public interest;

the court or department of correction shall transmit its findings to the
department of state court administration, and any other information
required by the division of state court administration, for transmission
to the NICS in accordance with IC 33-24-6-3.

(d) A determination under this section may be appealed only in
accordance with section 3 of this chapter.

As added by P.L.110-2009, SEC.11. Amended by P.L.127-2011,
SEC.2.

IC 33-23-15-3Judicial review of decision

Sec. 3. (a) A person who receives an adverse decision
under section 2 of this chapter may seek review of the decision by
filing, not later than thirty (30) days after receiving the adverse
decision, an action for review:

(1) in the court of conviction, if the adverse decision was made by
the department of correction; or

(2) in a circuit or superior court in a county adjacent to the county
in which the court rendered the adverse decision, if the adverse
decision was made by a court.

(b) The court hearing an action for review filed under this section
shall conduct the review hearing de novo. The hearing shall be
conducted in accordance with section 2 of this chapter.

(c) The determination of a court under this section is a final
appealable order.

(b) The term does not include an alcohol abuse deterrent program
established under IC 9-30-9.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-6"Family dependency drug court"

Sec. 6. As used in this chapter, "family dependency
drug court" means a problem solving court focused on supporting
families that include a child who has been adjudicated a child in need
of services and a parent, guardian, or other household member who has
substance abuse problems by:

(1) bringing together substance abuse rehabilitation professionals,
local social programs, and intensive judicial monitoring; and

Sec. 8. As used in this chapter, "problem solving
court" means a court providing a process for immediate and highly
structured judicial intervention for eligible individuals that incorporates
the following problem solving concepts:

(1) Enhanced information to improve decision making.

(2) Engaging the community to assist with problem solving.

(3) Collaboration with social service providers and other
stakeholders.

(4) Linking participants with community services based on risk
and needs.

(5) Participant accountability.

(6) Evaluating the effectiveness of operations continuously.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-9"Reentry court"

Sec. 9. As used in this chapter, "reentry court" means
a problem solving court that is focused on the needs of individuals who
reenter the community after a period of incarceration and that may
provide a range of necessary reintegration services for eligible
individuals, including the following:

(1) Supervision.

(2) Offender assessment.

(3) Judicial involvement.

(4) Case management and services.

(5) Program evaluation.

(6) Counseling.

(7) Rehabilitative care.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-9.1"Rehabilitative service"

Sec. 9.1. As used in this chapter, "rehabilitative
service" means a class, program, or service provided:

(1) to an individual participating in a problem solving court
program; and

(2) by:

(A) the problem solving court; or

(B) another entity to which the individual has been referred by
the problem solving court;

to address the rehabilitative needs of the individual, including classes,
programs, or services concerning education, criminal thinking and
behavior, employment, and parenting and family support.

As added by P.L.95-2013, SEC.1.

IC 33-23-16-10"Veterans' court"

Sec. 10. As used in this chapter, "veterans' court"
means a problem solving court focused on addressing the needs of
veterans in the court system by:

Sec. 12. (a) A problem solving court and
accompanying services of the problem solving court are available only
to individuals over whom the court that established the problem solving
court has jurisdiction.

(b) A problem solving court with criminal jurisdiction that does not
have felony jurisdiction may assume jurisdiction over an individual
convicted of a felony from another court within the county if the
problem solving court returns the case to the referring court for
additional proceedings when:

(1) the individual has successfully completed the problem solving
court's program; or

(2) the individual's participation in the problem solving court
program is terminated by the problem solving court.

(c) In accordance with the rules adopted by the board, a problem
solving court that is a veteran's court may assume jurisdiction over a
veteran who:

(1) meets all the eligibility requirements in section 13 of this
chapter; and

(2) is referred to the problem solving court by a court in another
jurisdiction.

Sec. 13. An individual is eligible to participate in a
problem solving court program only if:

(1) the individual meets all of the eligibility criteria established by
the board under section 12 of this chapter;

(2) the judge of the problem solving court approves the admission
of the individual to the problem solving court program; and

(3) the individual is referred to the problem solving court as a
result of at least one (1) of the following:

(A) A condition of a pretrial diversion program authorized by
statute or authorized by the judge of the problem solving court
and the prosecuting attorney.

(B) The procedure described in section 14 of this chapter.

(C) The procedure described in section 15 of this chapter.

(D) A condition of probation.

(E) A condition of participation in a community corrections
program under IC 11-12-1.

(F) A condition of participation in a forensic diversion program
under IC 11-12-3.7.

(G) A condition of a community transition program under IC 11-10-11.5.

(H) A condition of parole.

(I) An order in a dispositional decree under IC 31-34-20 to
participate in a family dependency drug court if the individual
is a parent, guardian, or another household member of a child
adjudicated a child in need of services.

Sec. 14. (a) A court, without entering a judgment of
conviction, may defer proceedings against an individual and place the
individual in a problem solving court program under this section only
if:

(1) the individual meets the conditions for eligibility set forth in
section 13(1) and 13(2) of this chapter;

(2) the individual pleads guilty and consents to the referral; and

(3) the judge of the problem solving court, the prosecuting
attorney, and the individual all agree upon certain conditions for
the individual's participation in the problem solving court
program and on the duration of those conditions.

(b) When an individual's participation in a problem solving court
program under this section has been terminated as provided under
section 14.5 of this chapter, the problem solving court shall:

(1) enter a judgment of conviction against the individual;

(2) refer the individual's case back to the court that referred the
case to the problem solving court to allow the referring court to
enter a judgment of conviction against the individual; or

(3) otherwise dispose of the case.

(c) If an individual fulfills the conditions established by a problem
solving court under subsection (a), the problem solving court shall:

(1) dismiss the charges against the individual;

(2) refer the individual's case back to the court that referred the
case to the problem solving court to allow the referring court to
dismiss the charges against the individual; or

(3) otherwise dispose of the case.

As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011,
SEC.4.

IC 33-23-16-14.5Termination of participation

Sec. 14.5. (a) A problem solving court may
terminate an individual's participation in a problem solving court
program if the individual has violated at least one (1) of the conditions
of the individual's:

(1) participation agreement; or

(2) case management plan.

(b) If it is alleged that an individual has violated at least one (1)
condition of a problem solving court program, the problem solving
court may:

(1) remand the individual into custody;

(2) order a summons to be issued to the individual to appear; or

(3) order a warrant for the individual's arrest if there is a risk that
the individual may:

(A) flee the jurisdiction; or

(B) cause harm to the individual or another individual.

(c) The problem solving court judge or other hearing officer shall
conduct a hearing concerning an alleged violation of a condition of a
problem solving court program as follows:

(1) The state must prove the violation by a preponderance of the
evidence.

(2) The evidence must be presented in open court.

(3) The individual who is alleged to have committed the violation
is entitled to:

(A) receive written notice of the alleged violation;

(B) obtain the disclosure of evidence against the individual;

(C) confront and cross-examine witnesses; and

(D) be represented by counsel.

(d) An individual participating in a problem solving court program
may not be terminated from the problem solving court program for
failure to pay a:

(1) problem solving court program service fee; or

(2) chemical testing fee;

assessed against the individual by the problem solving court unless the
individual recklessly fails or willfully refuses to pay the assessed fee.

(e) Except as provided in sections 14 and 15 of this chapter, if the
problem solving court judge or hearing officer finds that an individual
participating in a problem solving court program has violated a
condition of the program, the problem solving court judge or hearing
officer may:

(1) continue the individual's participation in the problem solving
court program with or without modifying or expanding the
individual's conditions for participating in the problem solving
court program; or

Sec. 15. (a) A problem solving court may place an
individual in a problem solving court program under this section if the
individual is convicted of an offense that is nonsuspendible and the
individual meets the conditions for eligibility set forth in section 13(1)
and 13(2) of this chapter.

(b) If the requirements of subsection (a) are met, the court may:

(1) order the execution of the individual's nonsuspendible
sentence and stay execution of all or part of the nonsuspendible
part of the individual's sentence pending the individual's
successful completion of a problem solving court program; and

(2) suspend all or part of the suspendible part of the individual's
nonsuspendible sentence, place the individual on probation for
the suspended part of the sentence, and require as a condition of
probation that the person successfully complete a problem solving
court program.

(c) If an individual has been terminated from a problem solving
court program under this section as provided in section 14.5 of this
chapter, the court may:

(1) if the person is serving the nonsuspendible part of the person's
sentence:

(A) lift the stay of execution of the nonsuspendible part of the
individual's sentence and order the individual to serve all or a
part of the nonsuspendible sentence; or

(B) otherwise dispose of the case; or

(2) if the individual is serving the suspendible part of the
individual's sentence:

(A) order all or a part of the individual's suspendible sentence
to be executed; or

(B) otherwise dispose of the case.

(d) If an individual successfully completes a problem solving court
program under this section, the court may:

(1) waive execution of the nonsuspendible part of the individual's
sentence; or

Sec. 16. (a) As used in this section, "effective date"
means the date established by the board after which minimum
employment qualifications are required for persons employed by a
problem solving court program.

(b) A program established under this chapter is subject to the
regulatory powers of the Indiana judicial center established under IC 33-38-9.

(d) If the board adopts qualifications for the employees of problem
solving courts under subsection (c)(2):

(1) the board shall establish an effective date after which a person
employed by a problem solving court must meet the
qualifications; and

(2) the qualifications do not apply to a person who is employed:

(A) by a certified problem solving court before the effective
date; or

(B) as administrative personnel.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-17Duties of the Indiana judicial center

Sec. 17. The Indiana judicial center shall:

(1) ensure that problem solving courts comply with the rules
adopted under this chapter and applicable federal regulations;

(2) certify problem solving courts according to the requirements
and procedures established under section 16(c)(1) of this chapter;
and

(3) require, as a condition of operation, that each problem solving
court created or funded under this chapter be certified according
to the rules adopted by the board.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-18Authority of the Indiana judicial center to revoke the certification of a
problem solving court; implementation authority

Sec. 18. The Indiana judicial center may:

(1) revoke the certification of a problem solving court if the
Indiana judicial center determines that the problem solving court
does not comply with rules adopted under this chapter and
applicable federal regulations; and

(2) enter into agreements or contracts with:

(A) another department, authority, or agency of the state;

(B) another state;

(C) the federal government;

(D) a state educational institution or private postsecondary
educational institution; or

(E) a public or private agency;

to implement this chapter.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-19Petition to establish a problem solving court

Sec. 19. (a) A court shall notify the Indiana judicial
center of the court's intention to establish a problem solving court
during the planning for the establishment of the problem solving court.

(b) A court seeking to establish a problem solving court must submit
a petition for approval to the Indiana judicial center in accordance with
rules adopted by the board.

(c) A problem solving court may not:

(1) assess fees; or

(2) collect fees;

until the problem solving court is certified by the Indiana judicial
center.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-20Services provided by a problem solving court

Sec. 20. (a) A problem solving court may provide
the following services to individuals participating in problem solving
court programs:

(3) the court that establishes the problem solving court determines
that existing community resources are inadequate to respond
satisfactorily to the demand for services from the court.

As added by P.L.108-2010, SEC.4. Amended by P.L.95-2013,
SEC.3.

IC 33-23-16-21Powers of a problem solving court

Sec. 21. A court may take steps necessary to carry
out the functions of the problem solving court, including the following:

(1) Hiring employees as needed to perform the required functions
of the problem solving court.

(2) Establishing policies and procedures for the problem solving
court.

(3) Adopting local court rules as necessary for the problem
solving court.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-22Funding of problem solving courts

Sec. 22. (a) The costs of a problem solving court
may, at the discretion of the fiscal body of the unit, be supplemented
out of the city general fund or the county general fund and may be
further supplemented by payment from the user fee fund upon
appropriation made under IC 33-37-8.

(b) A problem solving court may apply for and receive the
following:

(1) Gifts, bequests, and donations from private sources.

(2) Grants and contract money from governmental sources.

(3) Other forms of financial assistance approved by the court to
supplement the problem solving court's budget.

(c) A court wishing to establish a problem solving court, including
a veteran's court, may apply to the judicial center for financial
assistance. The judicial center may provide financial aid to establish
the court from funds appropriated to the judicial center for that
purpose.

As added by P.L.108-2010, SEC.4. Amended by P.L.179-2015,
SEC.11.

IC 33-23-16-23Fees

Sec. 23. (a) The board shall adopt rules establishing
a range of fees that may be assessed to an eligible individual to receive
problem solving court services under this chapter.

(b) A court that has established a problem solving court under this
chapter may require eligible individuals to pay a fee for problem
solving court services.

(c) If a fee is required under subsection (b), the court shall adopt by
local court rule a schedule of fees, consistent with the rules adopted by
the board under subsection (a), to be assessed for problem solving court
services.

(d) The problem solving court or the clerk of the court shall collect
fees under this section. The fees must be transferred within thirty (30)
days after the fees are collected, for deposit by the auditor or fiscal
officer in the appropriate user fee fund established under IC 33-37-8.

(e) Fees collected under this section must be used only to fund
problem solving court services under this chapter.

IC 33-23-16-23.5Parents and guardians; financial responsibility for fees and expenses
assessed against a child

Sec. 23.5. (a) A parent or guardian of a child:

(1) who is:

(A) adjudicated a delinquent child; or

(B) in a program of informal adjustment approved by a juvenile
court under IC 31-37-9; and

(2) who is accepted into a problem solving court program;

is financially responsible for the problem solving court services fee and
chemical testing expenses assessed against the child by the problem
solving court under this chapter.

(b) A parent or guardian of a child described in subsection (a) shall,
before a hearing under subsection (c) concerning payment of fees and
expenses assessed against the child, provide financial information to
the problem solving court as ordered by the problem solving court.

(c) The problem solving court shall hold a hearing and may order
the parent or guardian to pay fees and expenses assessed against a child
described in subsection (a) unless the problem solving court makes a
specific finding that:

(1) the parent or guardian is unable to pay the fees or expenses;
or

(2) justice would not be served by ordering the parent or guardian
to pay the fees or expenses.

(d) If a parent or guardian is ordered to pay fees or expenses under
this section, the parent or guardian shall pay the fees or expenses to the
problem solving court or the clerk of the court. The problem solving
court shall keep a record of all payments made under this section by
each parent or guardian. When a child is discharged from a problem
solving court program, the problem solving court shall determine the
amount of any unpaid fees or expenses a parent or guardian owes under
this section. The problem solving court may reduce the unpaid balance
to a final judgment that may be enforced in any court that has
appropriate jurisdiction.

As added by P.L.187-2011, SEC.7. Amended by P.L.136-2012,
SEC.11.

IC 33-23-16-24Chemical testing; expenses

Sec. 24. (a) A problem solving court may require an
individual participating in a problem solving court program to undergo
chemical testing.

(b) An individual may be liable for the cost of any or all chemical
tests required by the problem solving court under subsection (a),
including:

(1) laboratory expenses; and

(2) problem solving court expenses.

(c) A laboratory that performs a chemical test as ordered by a
problem solving court under subsection (a) shall report the results to
the problem solving court.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-24.5Requirements of individuals participating

Sec. 24.5. A problem solving court may require
an individual participating in a problem solving court to receive:

(1) addiction counseling;

(2) inpatient detoxification;

(3) case management;

(4) daily living skills; and

(5) medication assisted treatment, including a federal Food and
Drug Administration approved long acting, nonaddictive
medication for the treatment of opioid or alcohol dependence.

As added by P.L.187-2015, SEC.36; P.L.209-2015,
SEC.21.

IC 33-23-16-25Problem solving court fund

Sec. 25. (a) The Indiana judicial center problem
solving court fund is established for the purpose of administering,
certifying, and supporting problem solving court programs under this
chapter. The fund shall be administered by the Indiana judicial center.

(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.

(c) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-26No right to participate in a problem solving court program

Sec. 26. An individual does not have a right to
participate in a problem solving court program under this chapter.

As added by P.L.108-2010, SEC.4.

IC 33-23-16-27Staff immunity

Sec. 27. The coordinator and members of the
professional and administrative staff of a problem solving court who
perform duties in good faith under this chapter are immune from civil
liability for:

(1) acts or omissions in providing services under this chapter; and

(2) the reasonable exercise of discretion in determining eligibility
to participate in a problem solving court program.

(1) The chief justice of the supreme court or the chief justice's
designee.

(2) The chief information officer of the office of technology
appointed under IC 4-13.1-2-3 or the chief information officer's
designee.

(3) Two (2) members of the senate appointed by the president pro
tempore of the senate, not more than one (1) of whom may be
affiliated with the same political party.

(4) Two (2) members of the house of representatives appointed by
the speaker of the house of representatives, not more than one (1)
of whom may be affiliated with the same political party.

(5) One (1) trial court judge appointed by the president of the
Indiana Judges Association.

(6) Two (2) circuit court clerks appointed by the president of the
Association of Clerks of Circuit Courts of Indiana. One (1) must
be a clerk for a county that does not operate under the state's
automated judicial system and one (1) must be a clerk for a
county that operates under the state's automated judicial system.

(7) One (1) attorney in good standing admitted to the practice of
law in Indiana appointed by the president of the Indiana State Bar
Association.

(8) One (1) individual affiliated with a taxpayer organization,
appointed by the governor.

(c) The following appointed members of the committee shall serve
the following initial terms:

(1) One (1) member of the senate shall be appointed for an initial
term of one (1) year, and one (1) member of the senate shall be
appointed for an initial term of two (2) years, as determined by the
president pro tempore of the senate.

(2) One (1) member of the house of representatives shall be
appointed for an initial term of one (1) year, and one (1) member
of the house of representatives shall be appointed for an initial
term of two (2) years, as determined by the speaker of the house
of representatives.

(3) The initial term of the circuit court clerk appointed by the
president of the Association of Clerks of Circuit Courts of Indiana
is one (1) year.

(4) The initial term of the clerk of the circuit court for a county
that does not operate under the state's automated judicial system
is two (2) years.

As the initial terms expire, successors shall be appointed for a full three
(3) year term.

(d) Except as provided in subsection (c) concerning the initial terms
of certain appointed members, the term of each appointed member of
the committee is three (3) years. A member appointed to fill the
unexpired term of a member serves until the end of the unexpired term.
A member may be reappointed.

As added by P.L.284-2013, SEC.1.

IC 33-23-17-3Chairperson; required meetings

Sec. 3. (a) The chief justice or the chief justice's
designee shall serve as the chairperson of the committee.

(b) The committee shall meet:

(1) at least once each calendar quarter during July 2013, through
June 30, 2014, and twice each state fiscal year after June 30,
2014; and

(2) at the call of the chairperson.

As added by P.L.284-2013, SEC.1.

IC 33-23-17-4Committee duties

Sec. 4. (a) The committee shall do the following:

(1) Conduct a continuous study of information technology
applications for Indiana's judicial system, including an analysis of
appropriate and equitable funding, automated recordkeeping fees
and record perpetuation costs, and their allocation between state
and local governmental entities.

(2) Develop a long range strategy for technology and automation
in Indiana's judicial system, including:

(A) establishing plans for funding and implementing
technology and automation;

(B) making recommendations to the division of state court
administration for the establishment of a pilot program
concerning electronic filing;

(C) allowing public court records to be available on the
Internet;

(D) studying the appropriate use of private sector vendors that
offer similar interfacing or complementary systems; and

(E) studying any other issues the committee considers
appropriate.

(3) Make recommendations to the supreme court concerning the
implementation of policies, standards, and rules that promote the
effective use of technology and automation in Indiana courts.

(b) The committee may employ an independent consultant to assist
with its study.

As added by P.L.284-2013, SEC.1.

IC 33-23-17-5Division of state court administration; committee staff

Sec. 5. The division of state court administration
shall staff the committee.

Sec. 6. (a) Except as provided in subsection (b), per
diem, mileage, travel allowances, and other expenses paid to committee
members shall be paid from appropriations made to the supreme court.

(b) Per diem, mileage, and travel allowances paid to committee
members who are members of the general assembly shall be paid from
appropriations made to the legislative council or the legislative services
agency.

As added by P.L.284-2013, SEC.1.

IC 33-23-17-7Members who are not state employees; per diem, travel and other
expenses

Sec. 7. Each member of the committee who is not a
state employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.

As added by P.L.284-2013, SEC.1.

IC 33-23-17-8Members who are state employees; traveling and other expenses

Sec. 8. Each member of the committee who is a state
employee but who is not a member of the general assembly is entitled
to reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.

Sec. 9. Each member of the committee who is a
member of the general assembly is entitled to receive the same per
diem, mileage, and travel allowances paid to legislative members of
interim study committees established by the legislative council.

As added by P.L.284-2013, SEC.1.

IC 33-23-17-10Majority vote to take action

Sec. 10. The affirmative votes of a majority of the
members of the committee are required for the committee to take action
on any measure.

Sec. 2. (a) The supreme court has jurisdiction
in appeals coextensive with the state and has jurisdiction as
provided by the Constitution of the State of Indiana.

(b) The supreme court has exclusive jurisdiction to:

(1) admit attorneys to practice law in all courts of the state;
and

(2) issue restraining orders and injunctions in all cases
involving the unauthorized practice of the law;

under rules and regulations as the supreme court may prescribe.

[Pre-2004 Recodification Citations: 33-2-1-1;
33-2-3-1; 33-2.1-2-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-1-3Appeals; amount in controversy

Sec. 3. Except as provided in IC 34-56-1, an
appeal may not be taken to the supreme court in any civil case
where the amount in controversy, exclusive of interest and
costs, does not exceed fifty dollars ($50).

[Pre-2004 Recodification Citation: 33-3-2-4.]

As added by P.L.98-2004, SEC.3.

IC 33-24-1-4Justice presiding at trial of case

Sec. 4. The justices of the supreme court, in
their respective districts, may preside at the trial of any case
pending in any county in a district in which the circuit judge is
incompetent to preside.

Sec. 1. Justices of the supreme court shall be approved
or rejected by the electorate of the state under Article 7, Section 11 of
the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-2-2Justice's statement concerning retention

Sec. 2. A justice who wishes to be retained in office
shall file a statement with the secretary of state, not later than noon July
15 of the year in which the question of retention of the justice is to be
placed on the general election ballot, indicating that the justice wishes
to have the question of the justice's retention placed on the ballot. The
justice's statement must include a statement of the justice's name as:

(1) the justice wants the justice's name to appear on the ballot;
and

(2) the candidate's name is permitted to appear on the ballot under
IC 3-5-7.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-2-3Expiration of term if no statement filed

Sec. 3. This section applies to a justice:

(1) who does not file a statement under section 2 of this chapter;
and

(2) whose term expires under Article 7, Section 11 of the
Constitution of the State of Indiana during the year in which the
question of the retention of the justice would have been placed on
the general election ballot.

The term of a justice expires December 31 of the year in which the
question of the justice's retention would have been placed on the ballot.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-2-4Expiration of term if retention is rejected

Sec. 4. This section applies to a justice:

(1) who files a statement under section 2 of this chapter; and

(2) whose retention is rejected by the electorate.

The term of a justice ends when the secretary of state issues a
certificate under IC 3-12-5-1 stating that the justice has been removed.
However, if the justice has filed a petition for a recount under IC 3-12-11, the term of the justice does not end until the state recount
commission has issued a certificate under IC 3-12-11-18 stating that
the electorate has rejected the retention of the justice.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-2-5Form of ballot for retention question

Sec. 5. The question of approval or rejection of a
justice shall be placed on the general election ballot in the form
prescribed by IC 3-11 and must state "Shall Justice (insert name (as
permitted under IC 3-5-7) here) be retained in office?".

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3. Amended by P.L.58-2005,
SEC.29.

IC 33-24-2-6Name of justice on statement and voter registration record

Sec. 6. The statement filed under section 2 of this
chapter must include a statement that the justice requests the name on
the justice's voter registration record be the same as the name the
justice uses on the statement. If there is a difference between the name
on the justice's statement and the name on the justice's voter
registration record, the officer with whom the statement is filed shall
forward the information to the voter registration officer of the
appropriate county as required by IC 3-5-7-6(e). The voter registration
officer of the appropriate county shall change the name on the justice's
voter registration record to be the same as the name on the justice's
statement.

Sec. 1. The supreme court shall adopt and publish
rules in conformity with IC 33-24-1-2(b) specifying the terms and
conditions under which the supreme court and the court of appeals
exercise jurisdiction.

[Pre-2004 Recodification Citation: 33-2.1-3-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-3-2Publication and distribution of opinions and reports

Sec. 2. The judicial opinion or decision in each case
determined by the supreme court shall be reduced to writing. Reports
of these opinions and decisions may be published and distributed in the
manner prescribed by the supreme court.

[Pre-2004 Recodification Citation: 33-2.1-3-2.]

As added by P.L.98-2004, SEC.3.

IC 33-24-3-3Seal

Sec. 3. (a) The supreme court shall have a seal that is
devised by the justices of the supreme court.

(b) A description of the seal shall be recorded in the office of the
secretary of state.

[Pre-2004 Recodification Citation: 33-2-1-2.]

As added by P.L.98-2004, SEC.3.

IC 33-24-3-4Powers of court

Sec. 4. The supreme court may do the following:

(1) Frame, direct, and cause to be used all process, establish
modes of practice that may be necessary in the exercise of the
supreme court's authority, and make and publish regulations
concerning all process and modes of practice.

(2) Establish regulations concerning bonds required in appeals to
the supreme court, the amount of the penalties related to the
bonds, and for approving sureties executing bonds.

(3) Establish regulations concerning giving notice to officers of
inferior courts of the granting of stay of execution, or of
supersedeas.

(4) Establish regulations concerning proceedings that are requisite
in the supreme court in the exercise of the supreme court's
authority that are not specially provided for by law.

[Pre-2004 Recodification Citation: 33-2-1-3.]

As added by P.L.98-2004, SEC.3.

IC 33-24-3-5Additional powers of court

Sec. 5. The supreme court may:

(1) impose and administer all necessary oaths;

(2) punish by fine and imprisonment for contempt of the supreme
court's authority; and

(3) process and compel the attendance of witnesses by attachment
and fine.

[Pre-2004 Recodification Citation: 33-2-1-4.]

As added by P.L.98-2004, SEC.3.

IC 33-24-3-6Certification of questions to court by federal appellate courts

Sec. 6. The supreme court may, by rule of court,
provide that if:

(1) the Supreme Court of the United States, a circuit court of
appeals of the United States, or the court of appeals of the District
of Columbia determines that there are involved in any proceeding
before the federal appellate court questions or propositions of the
laws of Indiana that are determinative of the proceeding; and

(2) there are no clear controlling precedents in the decisions of the
supreme court;

the federal appellate court may certify the questions or propositions of
the laws of Indiana to the supreme court for instructions concerning the
questions or propositions of state law, and the supreme court, by
written opinion, may answer.

[Pre-2004 Recodification Citation: 33-2-4-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-3-7Senior judge; appointment; rules

Sec. 7. (a) The supreme court may appoint a judge
who is certified as a senior judge by the judicial nominating
commission to serve a circuit court, a superior court, a probate court,
the tax court, or the court of appeals if the court requests the services
of a senior judge.

Sec. 1. (a) The chief justice of the supreme court shall
appoint a clerk of the supreme court. The individual appointed serves
at the pleasure of the chief justice of the supreme court.

(b) The clerk shall execute a bond in an amount directed by the
supreme court.

(c) The clerk shall be paid a salary determined by the supreme court.

(d) In addition to the powers and duties prescribed by law, the clerk
has the powers and duties determined by the supreme court.

[Pre-2004 Recodification Citation: 33-15-1-1.]

As added by P.L.98-2004, SEC.3. Amended by P.L.14-2004,
SEC.190.

IC 33-24-4-2Duties

Sec. 2. The clerk of the supreme court shall do the
following:

(1) Reside, and keep the clerk's office open, in a building
provided for that purpose by the state, at the seat of government,
from 9 a.m. until 4 p.m. of every day in the year except Sundays
and Independence Day.

(2) Procure and preserve in the office all records and other books
and stationery required by the court.

(3) Attend, in person or by deputy, the terms of the court.

(4) Administer all oaths authorized by law.

(5) Sign and seal, with the seal, and issue all process required to
be issued from the court, under the clerk's hand.

(6) Endorse the time of filing books, records, or writings required
to be filed or deposited in the clerk's office.

(7) Make a complete record of all causes finally determined in the
court, except the transcript of the court below.

[Pre-2004 Recodification Citation: 33-15-1-2.]

As added by P.L.98-2004, SEC.3.

IC 33-24-4-3Allowance for record books and stationery furnished

Sec. 3. The supreme court shall allow the clerk of the
supreme court a reasonable compensation for the record books and
stationery furnished by the clerk for the use of the court if the clerk
presents to the court an account specifying each item to be furnished
to the court. The account presented by the clerk must be verified by an
oath taken and subscribed by the clerk, to be administered by a justice
of the court.

[Pre-2004 Recodification Citation: 33-15-1-3.]

As added by P.L.98-2004, SEC.3.

IC 33-24-4-4Entry of allowance on order book; warrant for payment

Sec. 4. An allowance made under section 3 of this
chapter shall be entered on the order book of the supreme court. Upon
receipt of a certified transcript of the allowance that is signed by a
justice of the supreme court and attested by the seal of the court, the
auditor of state shall issue a warrant for the allowance to the treasurer
of state.

Sec. 5. (a) The clerk of the supreme court shall certify
any opinion, decision, and judgment of the supreme court and of the
court of appeals to the lower court from which the cause was appealed,
in the manner provided by statute and by the rules of the supreme
court.

(b) The clerk of the court from which the cause was appealed, upon
receipt of the certification, shall file the certification with the papers in
the cause, and that court shall order the opinion, decision, and
judgment, including its certification, spread of record in the order book
of the court.

[Pre-2004 Recodification Citation: 33-15-1-5.]

As added by P.L.98-2004, SEC.3.

IC 33-24-4-6Inspection of clerk's office

Sec. 6. The supreme court shall annually appoint one
(1) of its justices to inspect the office of the clerk of the supreme court
and to report, at the next term, the condition of the records and books
of that office. The report shall be entered on the order book of the
court.

[Pre-2004 Recodification Citation: 33-15-1-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-4-7Delivery of books and papers to successor

Sec. 7. The clerk of the supreme court shall deliver to
the clerk's successor all the books and papers of the clerk's office.

[Pre-2004 Recodification Citation: 33-15-1-7.]

As added by P.L.98-2004, SEC.3. Amended by P.L.14-2004,
SEC.191.

IC 33-24-4-8Posting of table of fees

Sec. 8. The clerk of the supreme court shall post a
table of fees in a conspicuous place in the clerk's office. If the clerk
fails to post a table of fees, the clerk may not demand or receive fees
for services that the clerk renders.

[Pre-2004 Recodification Citation: 33-15-1-8.]

As added by P.L.98-2004, SEC.3.

IC 33-24-4-9Personal liability of clerk

Sec. 9. (a) The clerk of the supreme court is not
personally liable for any act or omission occurring in connection with
the performance of the clerk's official duties, unless the act or omission
constitutes gross negligence or an intentional disregard of the
responsibilities of the office of clerk.

(b) The fact that the clerk is not personally liable under subsection
(a) does not preclude an action against the clerk's bond based on an
error or omission committed by the clerk.

Sec. 1. (a) On the second Monday of January in each
odd-numbered year, the supreme court shall appoint a sheriff.

(b) The sheriff of the supreme court must give bond in the sum of
five thousand dollars ($5,000), with sureties to be approved by the
court.

(c) The term of the sheriff's office is two (2) years.

(d) When a vacancy in the sheriff's office occurs in vacation, any
two (2) of the justices of the court may appoint a sheriff to serve until
the next term of the court, when the vacancy shall be filled by a vote of
a majority of the court's justices.

[Pre-2004 Recodification Citation: 33-15-7-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-5-2Attendance of court; executing orders and process of court

Sec. 2. (a) Except as provided in subsection (b), the
sheriff of the supreme court or a county police officer shall:

(1) attend the court in term time;

(2) execute the orders of the court;

(3) preserve order within the court;

(4) execute all process issued out of the court; and

(5) execute all civil process issued out of the court.

(b) This subsection applies only if a consolidated law enforcement
department is established under IC 36-3-1-5.1. The ordinance adopted
by the legislative body of the consolidated city shall determine
whether:

(1) the orders of the court; and

(2) all criminal process issued out of the court;

shall be executed by an officer of the sheriff's department or an officer
of the consolidated law enforcement department.

Sec. 3. (a) When any process, rule, or order, is
received by the sheriff of the supreme court, the sheriff may transmit
it by mail to the sheriff of the county where the process, rule, or order
is to be served.

(b) The sheriffs of each county are the deputies of the sheriff of the
supreme court. However, each county sheriff is liable on the county
sheriff's own bond for all acts done by the county sheriff as a deputy of
the sheriff of the supreme court.

Sec. 4. (a) A county sheriff acting as a deputy of the
sheriff of the supreme court may:

(1) enclose any process, rule, or order of the court that the county
sheriff receives;

(2) direct the process, rule, or order to the sheriff of the supreme
court; and

(3) deposit the process, rule, or order in a post office in the county
sheriff's county ten (10) days before the return day of the process,
rule, or order.

A county sheriff that complies with this subsection is not liable for
failing to return the process, rule, or order.

(b) If money must be returned with a process, rule, or order
described in subsection (a), the county sheriff may transmit the money
by mail, enclosed with the process, rule, or order, addressed to the
sheriff of the supreme court. However, the testimony of the postmaster
that the payment was mailed is necessary to exempt the county sheriff
from liability.

(c) In case of the return of any process, rule, or order of the court
described in subsection (a) by any county sheriff, unserved or
unsatisfied, the sheriff of the supreme court may visit any county and
personally serve the process, rule, or order in the same manner
provided by law for the service by county sheriffs. For this service, the
sheriff of the supreme court is entitled to receive, for the distance
actually traveled in going to and returning from the county seat of the
county where the process, rule, or order is to be served, and from the
county seat to the place where the process, rule, or order is served, a
sum for mileage for each instance equal to the sum per mile paid to
state employees and officers plus those other fees allowed by law to
county sheriffs, with the rate for mileage to change each time the state
government changes its rate per mile. The sum for mileage and fees
shall be imposed as costs in the case in which the process, rule, or
order is issued, and shall be collected as other costs.

[Pre-2004 Recodification Citation: 33-15-7-4.]

As added by P.L.98-2004, SEC.3.

IC 33-24-5-5Mileage and fees for service of process, rule, or order

Sec. 5. (a) The mileage and fees for service of any
process, rule, or order issued out of the supreme court is the same as in
case of similar process from the circuit court.

(b) When any process, rule, or order issued out of the supreme court
is served by the county sheriff, the county sheriff is allowed the fees for
mileage and one half (1/2) of the fees for service. The remaining half
of the fees for service shall be paid the sheriff of the supreme court.

(c) Fees for mileage may be charged only from the county seat of
the county in which the process is to be served to the place of service.

(d) When money is collected on any process, rule, or order issued
out of the supreme court by the county sheriff, two-thirds (2/3) of the
sheriff's allowance is retained by the county sheriff and the remaining
one-third (1/3) must be delivered to the sheriff of the supreme court.

[Pre-2004 Recodification Citation: 33-15-7-5.]

As added by P.L.98-2004, SEC.3.

IC 33-24-5-6Postage on process, rules, or orders

Sec. 6. The sheriff of the supreme court must pay both
the outgoing and return postage on process, rules, or orders issued by
the court and recover the funds expended on postage as part of the
costs of the proceeding.

[Pre-2004 Recodification Citation: 33-15-7-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-5-7Coroner to act as deputy

Sec. 7. The sheriff of the supreme court may require
the coroner of any county to act as the sheriff of the supreme court's
deputy where the sheriff of that county is an interested party.

[Pre-2004 Recodification Citation: 33-15-7-7.]

As added by P.L.98-2004, SEC.3.

IC 33-24-5-8Penalties and liabilities

Sec. 8. The sheriff of the supreme court is subject to
all the penalties and liabilities of sheriffs of the circuit courts.

[Pre-2004 Recodification Citation: 33-15-7-8.]

As added by P.L.98-2004, SEC.3.

IC 33-24-5-9Compensation for fuel, stationery, and extra services

Sec. 9. (a) The supreme court must allow the sheriff
of the supreme court reasonable compensation for fuel, stationery, and
extra services. The sheriff of the supreme court may file a statement
verified by an oath administered by the clerk of the court specifying
each expenditure eligible for compensation.

(b) The compensation allowed to the sheriff of the supreme court by
the court shall be entered on the order book of the court. On the
presentation of a certified copy of an order for compensation, attested
with the seal of the court, to the auditor of state, the auditor of state
shall issue a warrant for the payment of compensation to the sheriff to
the treasurer of state.

Sec. 1. (a) There is created within the office of chief
justice the office of judicial administration.

(b) The office consists of two (2) divisions, entitled:

(1) supreme court administration; and

(2) state court administration.

(c) The division of supreme court administration shall be headed by
a supreme court administrator. The division of state court
administration shall be headed by an executive director.

[Pre-2004 Recodification Citation: 33-2.1-7-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-6-2Personnel; appointment; full-time positions; salaries

Sec. 2. (a) The personnel of the office of judicial
administration shall be appointed by and serve at the pleasure of the
chief justice.

(b) The personnel shall devote full time to their official duties and
may not engage in any other profession for profit.

(c) Personnel salaries shall be fixed by the supreme court subject to
approval by the budget agency.

[Pre-2004 Recodification Citation: 33-2.1-7-2.]

As added by P.L.98-2004, SEC.3.

IC 33-24-6-3Duties of division of state court administration

Sec. 3. (a) The division of state court administration
shall do the following:

(1) Examine the administrative and business methods and systems
employed in the offices of the clerks of court and other offices
related to and serving the courts and make recommendations for
necessary improvement.

(2) Collect and compile statistical data and other information on
the judicial work of the courts in Indiana. All justices of the
supreme court, judges of the court of appeals, judges of all trial
courts, and any city or town courts, whether having general or
special jurisdiction, court clerks, court reporters, and other
officers and employees of the courts shall, upon notice by the
executive director and in compliance with procedures prescribed
by the executive director, furnish the executive director the
information as is requested concerning the nature and volume of
judicial business. The information must include the following:

(A) The volume, condition, and type of business conducted by
the courts.

(B) The methods of procedure in the courts.

(C) The work accomplished by the courts.

(D) The receipt and expenditure of public money by and for the
operation of the courts.

(E) The methods of disposition or termination of cases.

(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2).

(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.

(6) Administer the judicial technology and automation project
fund established by section 12 of this chapter.

(7) By December 31, 2013, develop and implement a standard
protocol for sending and receiving court data:

(A) between the protective order registry, established by IC 5-2-9-5.5, and county court case management systems;

(B) at the option of the county prosecuting attorney, for:

(i) a prosecuting attorney's case management system;

(ii) a county court case management system; and

(iii) a county court case management system developed and
operated by the division of state court administration;

to interface with the electronic traffic tickets, as defined by IC 9-30-3-2.5; and

(C) between county court case management systems and the
case management system developed and operated by the
division of state court administration.

The standard protocol developed and implemented under this
subdivision shall permit private sector vendors, including vendors
providing service to a local system and vendors accessing the
system for information, to send and receive court information on
an equitable basis and at an equitable cost.

(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
prohibited from possessing a firearm and transmitting this
information to the Federal Bureau of Investigation for inclusion
in the NICS.

(9) Establish and administer an electronic system for receiving
drug related felony conviction information from courts. The
division shall notify NPLEx of each drug related felony entered
after June 30, 2012, and do the following:

(11) After July 1, 2018, establish and administer an electronic
system for receiving from courts felony conviction information for
each felony described in IC 20-28-5-8(c). The division shall
notify the department of education at least one (1) time each week
of each felony described in IC 20-28-5-8(c) entered after July 1,
2018, and do the following:

(A) Provide the department of education with the following
information:

IC 33-24-6-4Office of guardian ad litem and court appointed special advocate
services; funding

Sec. 4. (a) The division of state court administration
shall establish and administer an office of guardian ad litem and court
appointed special advocate services. The division shall use money it
receives from the state general fund to administer the office. If funds
for guardian ad litem and court appointed special advocate programs
are appropriated by the general assembly, the division shall provide
matching funds to counties that implement and administer, in courts
with juvenile jurisdiction, a guardian ad litem or court appointed
special advocate program for children who are alleged to be victims of
child abuse or neglect under IC 31-33. Matching funds must be
distributed in accordance with the provisions of section 5 of this
chapter. A county may use these matching funds to supplement
amounts that are collected as fees under IC 31-40-3-1 and used for the
operation of guardian ad litem and court appointed special advocate
programs. The division may use its administrative fund to provide
training services and communication services for local officials and
local guardian ad litem and court appointed special advocate programs.
The county fiscal body shall appropriate adequate funds for the county
to be eligible for matching funds under this section.

(b) Matching funds provided to a county under this section shall be
used for guardian ad litem and court appointed special advocate
programs and may be deposited in the county's guardian ad litem or
court appointed special advocate fund described in IC 31-40-3.

(c) Any matching funds appropriated to the division of state court
administration that are not used before July 1 of each fiscal year do not
revert but shall be redistributed under this section on July 1. The
division shall redistribute the funds among counties providing guardian
ad litem and court appointed special advocate programs that are
entitled to receive matching funds.

(d) Money appropriated to the division of state court administration
does not revert at the end of a state fiscal year to the state general fund.

(e) Only guardian ad litem or court appointed special advocate
programs certified by the supreme court are eligible for funding under
this section.

[Pre-2004 Recodification Citation: 33-2.1-7-3.1.]

As added by P.L.98-2004, SEC.3. Amended by P.L.129-2005,
SEC.11.

IC 33-24-6-5Appropriations for guardian ad litem or court appointed special
advocate program; formula

Sec. 5. (a) If appropriated by the general assembly, the
division of state court administration shall grant to each county with a
guardian ad litem or court appointed special advocate program an
annual appropriation calculated under the following formula:

STEP ONE: Deduct the annual appropriation to the division of
state court administration for administrative expenses.

STEP TWO: Ascertain the number of children in need of services
cases in each county, as determined by the division of state court
administration from reports filed under IC 33-24-6-3, during the
preceding calendar year.

STEP THREE: Divide the result under STEP TWO by the total
number of children in need of services cases in Indiana, as
determined by the division of state court administration from
reports filed under IC 33-24-6-3, during the preceding calendar
year.

STEP FOUR: Multiply the result under STEP THREE by the
remaining state match appropriation.

(b) If, under subsection (a), a county's grant would result in a grant
of two thousand dollars ($2,000) or less, the county is entitled to
receive a grant of two thousand dollars ($2,000). After subtracting the
state match appropriation distributed to these counties from the total
remaining state appropriation, the division of state court administration
shall distribute the remaining state appropriation under the following
formula:

STEP ONE: Subtract the total number of children in need of
services cases in the counties covered under subsection (a) from
the total number of children in need of services cases in Indiana,
as determined by the division of state court administration, during
the preceding calendar year.

STEP TWO: Divide the number of children in need of services
cases in each of the counties not covered under subsection (a) by
the result under STEP ONE.

STEP THREE: Multiply the result under STEP TWO by the total
remaining state match appropriation.

STEP FOUR: Distribute the result under STEP THREE to each
county not covered under subsection (a).

[Pre-2004 Recodification Citation: 33-2.1-7-3.2.]

As added by P.L.98-2004, SEC.3. Amended by P.L.91-2007,
SEC.1.

IC 33-24-6-6Duties of division of supreme court administration

Sec. 6. The division of supreme court administration
shall perform legal and administrative duties for the justices as are
determined by the justices.

[Pre-2004 Recodification Citation: 33-2.1-7-4.]

As added by P.L.98-2004, SEC.3.

IC 33-24-6-7Distribution and title of reports

Sec. 7. The reports required by section 3(a)(3) of this
chapter shall be:

(1) directed to:

(A) the commission on judicial qualifications;

(B) the chief justice;

(C) the clerk of the supreme court; and

(D) the legislative council;

(2) accessible to the judicial officers of the various courts and to
the general public; and

(3) titled "The Indiana Judicial Report".

Reports to the legislative council under subdivision (1)(D) must be in
an electronic format under IC 5-14-6.

[Pre-2004 Recodification Citation: 33-2.1-7-5.]

As added by P.L.98-2004, SEC.3.

IC 33-24-6-8Enforcement of chapter by rules of supreme court

Sec. 8. The supreme court shall provide by rule of the
court for the enforcement of this chapter.

[Pre-2004 Recodification Citation: 33-2.1-7-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-6-9Appointment of administrative or clerical personnel

Sec. 9. The authority of the courts to appoint
administrative or clerical personnel is not limited by this chapter.

[Pre-2004 Recodification Citation: 33-2.1-7-7.]

As added by P.L.98-2004, SEC.3.

IC 33-24-6-10Trial court districts; transfer of judges

Sec. 10. (a) The executive director shall, with the
approval of the supreme court, divide the state geographically into at
least eight (8) trial court districts.

(b) On the basis of relevant information compiled by the executive
director concerning the volume and nature of judicial workload, the
executive director shall recommend to the supreme court the temporary
transfer of any judge or judges. The supreme court shall consider the
recommendation and temporarily transfer any judge of a trial court of
general or special jurisdiction to another court if the temporary transfer
is determined to be beneficial to facilitate the judicial work of the court
to which the judge is transferred without placing an undue burden on
the court from which the judge is transferred. However, a judge may
not be temporarily transferred to a court in another county within the
district the judge normally serves that, at its nearest point, is more than
forty (40) miles from the seat of the county the judge normally serves
unless the judge consents to the transfer.

[Pre-2004 Recodification Citation: 33-2.1-7-8.]

As added by P.L.98-2004, SEC.3.

IC 33-24-6-11Expenses for judges transferred to other counties

Sec. 11. Any judge transferred to a court in another
county shall be paid travel and other necessary expenses by the county
to which the judge is transferred. An allowance for expenses shall be
certified by the chief justice in duplicate to the auditor of the county.
The certificate of allowance is prima facie evidence of the correctness
of the claims. An item of expenses certified to be correct must be
allowed by the board of commissioners of that county.

[Pre-2004 Recodification Citation: 33-2.1-7-9.]

As added by P.L.98-2004, SEC.3.

IC 33-24-6-12Judicial technology and automation project fund

Sec. 12. (a) The judicial technology and automation
project fund is established to fund the judicial technology and
automation project. The division of state court administration shall
administer the fund. The fund consists of the following:

(3) Grants and gifts designated for the fund or the judicial
technology and automation project.

(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.

(c) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.

(d) The budget committee may release funds for the judicial
technology and automation project after the division of state court
administration certifies in conjunction with the Indiana office of
technology, that the judicial technology automation project is in
compliance with the information sharing and exchange provisions of
IC 33-24-6-3(a).

Sec. 13. (a) Beginning in 2018, not later than March
1 of each year, the division of state court administration shall submit
a report to the legislative council in an electronic format under IC 5-14-6 providing the following information relating to the enforcement
of residential complex traffic ordinances on the property of residential
complexes under contracts entered into under IC 9-21-18-4.1:

(1) The number of traffic stops.

(2) The number of citations issued.

(3) The number of traffic stops and citations issued.

(b) The report must set forth information required under subsection
(a) by:

(1) each unit that has adopted a residential complex traffic
ordinance:

Sec. 1. When the supreme court or a majority
of the justices of the supreme court consider it necessary to
have all or part of the records of the court transcribed to protect
those records from mutilation or decay arising from any cause,
the court or justices shall order the clerk of the supreme court
to transcribe the records in suitable books to be procured by the
clerk for that purpose. The court shall make a reasonable
allowance for the transcription to the clerk in an amount that the
court considers just and proper. The allowance, when certified
by a justice of the court, shall be audited by the auditor of state
and paid as similar allowances in other cases.

[Pre-2004 Recodification Citation:
33-15-2-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-7-2Transcription of records; force and effect of transcribed records

Sec. 2. (a) When the supreme court makes an
order under section 1 of this chapter, the clerk of the supreme
court shall procure the books ordered by the court and
transcribe in them the records or parts of records as ordered by
the court.

(b) Records or parts of records transcribed under this chapter
have the force and effect of the original records. Transcripts of
records or parts of records transcribed under this chapter,
certified by the clerk, under the seal of the court, have the same
force and effect as transcripts of the original records.

[Pre-2004 Recodification Citation:
33-15-2-2.]

As added by P.L.98-2004, SEC.3.

IC 33-24-7-3Index of supreme court records

Sec. 3. (a) The clerk of the supreme court shall
prepare for public use, under the direction of the supreme court,
a systematic index to the court's records and papers on file in
the clerk's office. The index must include the following:

(1) The title and number of every cause appealed to the
supreme court.

(2) The county and court from which appealed.

(3) The date of filing the appeal in the clerk's office.

(4) The date of every decision and how decided.

(5) The number of the box or drawer in which the papers
in every case can readily be found.

The clerk shall also properly clean, arrange, and securely tie the
papers in each cause and place them in boxes and drawers when
they are provided by the proper authorities for that purpose.

(b) The clerk of the supreme court shall also index other
papers and records on file in the clerk's office as may be
directed by the supreme court.

Sec. 1. (a) The clerk of the supreme court, for
the clerk's services, shall, upon proper books to be kept in the
clerk's office for that purpose, tax the fees and charge the
amounts specified in this chapter. The fees and amounts belong
to and are the property of the state.

(b) On March 31, June 30, September 30, and December 31
of each year, the clerk shall:

(1) make and file with the auditor of state a verified
account of all fees and amounts collected during the
preceding three (3) months;

(2) pay the amount shown to be due the state to the
treasurer of state; and

(3) file with the treasurer of state a verified report of
uncollected fees and amounts due the state of Indiana
accruing in cases disposed of during that quarter.

[Pre-2004 Recodification Citation:
33-15-5-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-8-2Filing fee for supreme court and court of appeals

Sec. 2. The clerk of the supreme court shall tax
and charge a fee of two hundred fifty dollars ($250) in each
cause filed in either the supreme court or the court of appeals.

[Pre-2004 Recodification Citation:
33-15-5-2.]

As added by P.L.98-2004, SEC.3.

IC 33-24-8-3Fee bills

Sec. 3. The clerk of the supreme court may, at
any time after the services are rendered, issue fee bills under IC 33-37-4-10 for services rendered by the clerk or by another
person in the court.

[Pre-2004 Recodification Citation:
33-15-5-2.5.]

As added by P.L.98-2004, SEC.3.

IC 33-24-8-4Fees charged and collected; contracts; exceptions

Sec. 4. (a) The clerk of the supreme court shall
charge the following fees:

(1) For making record and certificate of admission of
attorneys to practice before the supreme court, a fee of two
dollars ($2).

(2) For making and furnishing to any person, firm, limited
liability company, or corporation unauthenticated copies of
the opinions of the supreme court and the court of appeals
for the purpose of publication by the person, firm, limited
liability company, or corporation obtaining the copies, if a
contract has been made by the clerk with the person, firm,
limited liability company, or corporation to furnish the
copies for at least one (1) year, a fee of two thousand eight
hundred twenty-five dollars ($2,825) per year, to be paid
quarterly in advance.

(b) The clerk of the supreme court may make a contract
described in subsection (a).

(c) This section does not prohibit proprietors of newspapers
from copying opinions of the supreme court and the court of
appeals or from making abstracts of these opinions for
publication in the newspapers.

(d) For all other unauthenticated copies of the opinions of the
supreme court and the court of appeals furnished by the clerk of
the supreme court to any person, firm, limited liability
company, or corporation, the clerk shall charge one dollar ($1)
per page.

(e) The fees and amounts charged under this section shall be
deposited by the clerk of the supreme court into the state
general fund in the manner and at the time provided for the
making of the quarterly reports of other collected fees due the
state.

[Pre-2004 Recodification Citation:
33-15-5-3.]

As added by P.L.98-2004, SEC.3.

IC 33-24-8-5Contents of quarterly report; special reports

Sec. 5. The quarterly report required to be
made by the clerk of the supreme court under section 1 of this
chapter must show the number and title of the cause and the
amount due the state. The clerk is not required to make any
other or different reports, except special reports on the order of
the supreme court or the court of appeals, or the written request
of the governor or auditor of state.

Sec. 6. (a) The clerk of the supreme court shall
tax and charge in favor of the sheriff of the supreme court, or in
favor of county sheriffs for their services as the deputies of the
sheriff of the supreme court, the fees and amounts provided by
law. The fees and amounts described in this subsection do not
belong to the state but are the property of the sheriff of the
supreme court and the sheriff's agents. When the fees are
collected, the fees shall be paid over to the sheriff or the
sheriff's agents.

(b) The clerk of the supreme court at the expiration of the
clerk's term shall hand over to the clerk's successor in office all
of the books, papers, fees, costs, charges, and amounts, together
with all money and other property received by the clerk by
virtue of the clerk's office or under color of that office.

(c) The attorney general shall enforce the collection, for the
use and benefit of the party entitled to them, all fees and
amounts collected and retained by the person, including
penalties, against any persons liable for the fees and amounts.
All unclaimed fees collected under this chapter from former
clerks that have been paid in for two (2) years and remain in the
office of the clerk of the supreme court for six (6) months
uncollected by the person to whom the fees are due, and all
other unclaimed fees in the hands of the clerk of the supreme
court, after the expiration of two (2) years from the date when
the fees are paid to the clerk, shall be paid into the state
treasury, to be held as other funds that escheat to the state. The
clerk of the supreme court, when fees are paid into the office of
the clerk for the benefit of any other officer or person, shall
immediately notify that officer or person by mail that the fees
have been paid, the date of payment, and the amount of the
payment.

[Pre-2004 Recodification Citation:
33-15-5-5.]

As added by P.L.98-2004, SEC.3.

IC 33-24-9Chapter 9. Appeal Bonds

33-24-9-1Taxing fees and costs; collection of fees,
costs, and executions

Sec. 1. In all cases brought to the supreme
court by appeal, in which an appeal bond is executed by the
plaintiff in the appeal, the clerk of the supreme court shall:

(1) tax all fees and costs for which the plaintiff is liable in
the court, against the principal and sureties on the bonds,
as though they were co-plaintiffs or co-defendants;

(2) issue fee bills or executions for the collection of the
fees or costs and executions; and

(3) collect all judgments that are rendered by the court
against the plaintiffs, against the principals and sureties
jointly.

[Pre-2004 Recodification Citation:
33-15-6-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-9-2Endorsement on writ; levy on property on principal or surety

Sec. 2. (a) Before delivering a writ for the
collection of fees, costs, or execution to the proper officer, the
clerk of the supreme court shall endorse on the writ which of
the parties is the principal and which is the surety in the writ.

(b) The officer responsible for enforcement of the writ shall
first levy upon the property of the principal in the writ. To the
extent that sufficient property of the principal cannot be found,
the officer shall, without delay, levy the writ upon the property
of the surety or sureties, and proceed to sell that property as in
other cases.

[Pre-2004 Recodification Citation:
33-15-6-2.]

As added by P.L.98-2004, SEC.3.

IC 33-24-9-3Limitation of action for collection of fees or costs

Sec. 3. A writ may not be issued under this
chapter for the collection of fees or costs more than five (5)
years after the date the cause was decided in the supreme court.

Sec. 1. As used in this chapter, "admission
and discipline rule" refers to the Rules for Admission to the Bar
and the "Discipline of Attorneys" adopted by the supreme court.

[Pre-2004 Recodification Citation:
33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-10-2"Commission"

Sec. 2. As used in this chapter, "commission"
refers to the disciplinary commission created by Admission and
Discipline Rule 23.

[Pre-2004 Recodification Citation:
33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-10-3"Commissioner"

Sec. 3. As used in this chapter,
"commissioner" means a member of the disciplinary
commission appointed under Admission and Discipline Rule
23.

[Pre-2004 Recodification Citation:
33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-10-4"Executive secretary"

Sec. 4. As used in this chapter, "executive
secretary" refers to the executive secretary of the disciplinary
commission.

[Pre-2004 Recodification Citation:
33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-10-5Statements made to commission; immunity from civil liability

Sec. 5. A person is immune from civil liability
for damages for any sworn or written statements made:

(1) without malice and transmitted to the commission, the
executive secretary, or the executive secretary's staff; or

(2) in the course of investigatory, hearing, or review
proceedings under Admission and Discipline Rule 23.

[Pre-2004 Recodification Citations: 33-2-3.1-2;
33-2-3.1-3.]

As added by P.L.98-2004, SEC.3.

IC 33-24-10-6Liability of commission and staff

Sec. 6. The executive secretary, the executive
secretary's staff, counsel, investigators, hearing officers, and the
commissioners are immune from civil liability for damages for
conduct within the scope and arising out of the performance of
their duties.

Sec. 1. As used in this chapter, "fund" refers
to the civil legal aid fund established by section 5 of this
chapter.

[Pre-2004 Recodification Citation:
33-2.1-11-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-12-2"Indigent"

Sec. 2. As used in this chapter, "indigent"
means an individual whose income is not more than one
hundred twenty-five percent (125%) of the federal income
poverty level as determined annually by the federal Office of
Management and Budget under 42 U.S.C. 9902.

[Pre-2004 Recodification Citation:
33-2.1-11-2.]

As added by P.L.98-2004, SEC.3.

IC 33-24-12-3"Legal services provider"

Sec. 3. As used in this chapter, "legal services
provider" means a private, nonprofit organization incorporated
and operated exclusively in Indiana, the primary function and
purpose of which is to provide civil legal services without
charge to the indigent.

[Pre-2004 Recodification Citation:
33-2.1-11-3.]

As added by P.L.98-2004, SEC.3.

IC 33-24-12-4Eligibility requirements for receipt of funds

Sec. 4. To be eligible for the receipt of funds
under this chapter, a legal services provider must meet the
following requirements:

(1) The legal services provider must have been:

(A) incorporated before July 2, 1997; or

(B) incorporated and providing civil legal aid to the
indigent for three (3) years immediately preceding the
application for funds from the civil legal aid fund.

(2) The legal services provider must submit an opt-in form
to the executive director of the division of state court
administration before May 2 of each year. The form must
include the following information:

(A) The name, address, and telephone number of the
legal services provider.

(B) The Internal Revenue Code 501(c)(3) form of the
legal services provider.

(C) The name and address of the executive director and
board president of the legal services provider.

(D) A list of all counties within the incorporated service
area of the legal services provider.

(E) Certification that the legal services provider has
provided legal services to indigent individuals within its
service area for the preceding three (3) years and that the
legal services provider will continue to provide legal
services to the indigent for the year following receipt of
funds from the civil legal aid fund.

(3) The legal services provider may not do any of the
following:

(A) Make available funds, personnel, or equipment for
use in advocating or opposing a plan or proposal,
represent a party, or participate in litigation that is
intended to or has the effect of altering, revising, or
reapportioning a legislative, a judicial, or an elective
district at any level of government, including influencing
the timing or manner of the taking of a census.

(B) Attempt to influence the issuance, amendment, or
revocation of an executive order, regulation, or other
statement of general applicability and future effect by a
federal, state, or local agency.

(C) Attempt to influence an adjudicatory proceeding of
a federal, state, or local agency if such part of the
proceeding is designed for the formulation or
modification of an agency policy of general applicability
and future effect.

(D) Attempt to influence the passage or defeat of
legislation, a constitutional amendment, a referendum, an
initiative, or similar procedure of the Congress, a state,
or a local legislative body.

(E) Attempt to influence the conduct of oversight
proceedings of the Legal Services Corporation or a
person or an entity receiving financial assistance
provided by the Legal Services Corporation.

(F) Pay for a personal service, an advertisement, a
telegram, a telephone communication, a letter, printed or
written matter, an administrative expense, or a related
expense, associated with an activity prohibited in this
subdivision.

(G) Initiate or participate in a class action suit.

(H) Support or conduct a training program for the
purpose of advocating a particular public policy or
encouraging a political activity, a labor or an antilabor
activity, a boycott, picketing, a strike, or a
demonstration, including the dissemination of
information about such a policy or activity. However,
this clause may not be construed to prohibit the training
of an attorney or a paralegal in the provision of:

(i) adequate legal assistance to eligible clients; or

(ii) advice to an eligible client as to the legal rights of
the client.

(I) Participate in litigation:

(i) on behalf of a person incarcerated in a federal, state,
or local prison; or

(ii) arising out of the incarceration of a person
described in item (i).

(b) The fund is administered by the division of state court
administration.

[Pre-2004 Recodification Citation:
33-2.1-11-5.]

As added by P.L.98-2004, SEC.3.

IC 33-24-12-6Formula for fund distribution

Sec. 6. (a) The division of state court
administration shall annually determine the amount to be
distributed from the fund to each county's legal services
provider under the following formula:

STEP ONE: Determine the number of civil cases filed in
the county during the year as reported by the most recent
Indiana Judicial Report.

STEP TWO: Determine the number of civil cases filed in
Indiana during the year as reported by the most recent
Indiana Judicial Report.

STEP THREE: Divide the amount determined in STEP
ONE by the amount determined in STEP TWO.

STEP FOUR: Multiply the quotient determined in STEP
THREE by the annual amount appropriated under section
7 of this chapter or by the annual amount of the
appropriation from the state general fund as provided in the
state budget act, whichever is greater.

Except as provided in subsection (b), the product determined in
STEP FOUR is the amount to be distributed to the legal
services provider or providers having the county in its service
area.

(b) In a county where there is more than one (1) legal
services provider, the amount distributed from the fund for that
county shall be distributed among the legal services providers
in direct proportion to the number of legal services providers in
that county.

(c) Distributions from the fund shall be made on January 1
and July 1 of each year. Money in the fund is annually
appropriated to carry out the purposes of the fund.

[Pre-2004 Recodification Citation:
33-2.1-11-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-12-7Appropriation from general fund

Sec. 7. There is appropriated on June 30 and
December 31 of each year five hundred thousand dollars
($500,000) from the state general fund for deposit into the fund.

Sec. 1. As used in this chapter, "program"
refers to the Indiana conference for legal education opportunity
established by section 2 of this chapter.

[Pre-2004 Recodification Citation:
33-2.1-12-1.]

As added by P.L.98-2004, SEC.3.

IC 33-24-13-2Establishment of program; purpose

Sec. 2. The Indiana conference for legal
education opportunity is established to assist Indiana minority,
low income, or educationally disadvantaged college graduates
in pursuing a law degree and a career in the Indiana legal and
professional community.

Sec. 3. (a) The program shall be organized
and administered by the chief justice of the supreme court. The
chief justice shall appoint an advisory committee composed of
eight (8) members as follows:

(1) Two (2) practicing attorneys.

(2) Two (2) judges.

(3) Two (2) Indiana law school professors or
administrators.

(4) Two (2) members representing community groups.

(b) The chief justice shall serve as chair of the advisory
committee.

(c) Appointed members of the committee serve for three (3)
year terms and may be reappointed.

(d) The committee shall solicit applications and select
persons for the program who:

(1) have earned a bachelor's degree;

(2) have applied to an Indiana law school;

(3) have demonstrated the interest, motivation, and
capacity to earn a law degree; and

(4) would benefit from the special training offered by the
program.

(e) The committee shall award annual stipends to certified
graduates of the program.

[Pre-2004 Recodification Citation:
33-2.1-12-3.]

As added by P.L.98-2004, SEC.3.

IC 33-24-13-4Preparatory course of study required; instructors

Sec. 4. (a) The program must provide for an
intensive course of study to prepare the students selected for the
demands of a law school education through classroom
discussion and instruction in legal research, writing, and
analysis.

(b) The program shall be taught by law professors and others
from the legal profession and shall be held at an Indiana law
school during the summer months.

[Pre-2004 Recodification Citation:
33-2.1-12-4.]

As added by P.L.98-2004, SEC.3.

IC 33-24-13-5Financial assistance

Sec. 5. (a) The program must provide
financial assistance in the form of an annual stipend for those
students who successfully complete the course of study and
become certified graduates of the program.

(b) To be eligible for the annual stipend, certified graduates
must be admitted to an Indiana law school, enroll on a full-time
basis, and maintain good academic standing. However, for good
cause and to advance the purposes of the program, the advisory
committee may waive the requirement that a certified graduate
must enroll on a full-time basis.

(c) The stipend may be awarded for up to three (3)
successive academic years, if the student remains eligible.
However, for good cause, the advisory committee may approve
the award of a stipend to a student for more than three (3)
successive academic years if:

(1) the student requires more than three (3) successive
academic years to earn a law degree; and

(2) the total amount of the stipend that is awarded to the
student does not exceed the amount the student would have
been awarded if the student had been enrolled:

(A) on a full-time basis; and

(B) for up to three (3) successive academic years.

[Pre-2004 Recodification Citation:
33-2.1-12-5.]

As added by P.L.98-2004, SEC.3.

IC 33-24-13-6Development of programs and opportunities in furtherance of
program purposes

Sec. 6. The courts of the state are encouraged
and requested to develop programs and opportunities to further
the purposes of the program.

[Pre-2004 Recodification Citation:
33-2.1-12-6.]

As added by P.L.98-2004, SEC.3.

IC 33-24-13-7Appropriation from general fund

Sec. 7. During every state fiscal year, there is
appropriated from the state general fund to the office of judicial
administration, division of state court administration, six
hundred twenty-five thousand dollars ($625,000) to be used for
the Indiana conference for legal education opportunity
established by this chapter.

Sec. 1. The court of appeals consists of fifteen
(15) judges, who serve for the hearing and decision of causes in
five (5) geographic districts described in section 2 of this
chapter under Article 7, Section 5 of the Constitution of the
State of Indiana.

[Pre-2004 Recodification Citation:
33-2.1-2-2.]

As added by P.L.98-2004, SEC.4.

IC 33-25-1-2Districts

Sec. 2. Indiana is divided into five (5)
geographic districts, which shall be designated as the "court of
appeals - First District; Second District; Third District; Fourth
District; and Fifth District" as follows:

Sec. 3. (a) Judges of the First, Second, and
Third Districts of the court of appeals must have resided in their
respective districts before appointment to the court. However,
judges of the court of appeals appointed before July 1, 1993,
must reside in the district from which they are appointed.

(b) The following requirements apply to judges of the Fourth
and Fifth Districts of the court of appeals:

(1) One (1) judge must have resided in the First District
before appointment to the court.

(2) One (1) judge must have resided in the Second District
before appointment to the court.

(3) One (1) judge must have resided in the Third District
before appointment to the court.

(c) When a vacancy is created in the court of appeals, the
individual who is appointed by the governor to fill the vacancy
must be a resident of the district in which the vacancy occurred.

[Pre-2004 Recodification Citation:
33-2.1-2-3.]

As added by P.L.98-2004, SEC.4.

IC 33-25-1-4Location for hearings

Sec. 4. All districts of the court of appeals shall
sit for the hearing and decision of causes in:

(1) Indianapolis; or

(2) any other place that the chief judge of the court of
appeals may designate.

[Pre-2004 Recodification Citation:
33-2.1-2-2.]

As added by P.L.98-2004, SEC.4.

IC 33-25-1-5Docketing of cases

Sec. 5. A case appealed to the court of appeals
shall be placed upon the docket of the district from which the
appeal is taken. If, at any time, the court of appeals believes
there is an undue disparity in the number of cases pending on
the dockets of the districts, the court of appeals may order the
transfer of cases as it considers advisable from one (1) district
to another.

[Pre-2004 Recodification Citation:
33-2.1-2-2.]

As added by P.L.98-2004, SEC.4.

IC 33-25-1-6Sitting as judge of circuit, superior, and criminal courts

Sec. 6. The judges of the court of appeals are
competent to sit as judges of the circuit, superior, and criminal
courts.

33-25-2-6Statement of retention; use by judge of same
name on statement and voter registration record

IC 33-25-2-1Approval or rejection of appeals court judges

Sec. 1. Judges of the court of appeals shall be
approved or rejected by the electorate of Indiana under Article 7,
Section 11 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

IC 33-25-2-2Filing of statement of retention with secretary of state

Sec. 2. A judge who wishes to be retained in office
shall file a statement with the secretary of state, not later than noon July
15 of the year in which the question of retention of the judge is to be
placed on the general election ballot, indicating that the judge wishes
to have the question of the judge's retention placed on the ballot. The
judge's statement must include a statement of the judge's name as:

(1) the judge wants the judge's name to appear on the ballot; and

(2) the candidate's name is permitted to appear on the ballot under
IC 3-5-7.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

IC 33-25-2-3Expiration of term of judge who does not file for retention

Sec. 3. This section applies to a judge:

(1) who does not file a statement under section 2 of this chapter;
and

(2) whose term expires under Article 7, Section 11 of the
Constitution of the State of Indiana during the year in which the
question of the retention of the judge would have been placed on
the general election ballot.

The term of a judge expires December 31 of the year in which the
question of the judge's retention would have been placed on the ballot.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

IC 33-25-2-4Expiration of term of rejected judge

Sec. 4. This section applies to a judge:

(1) who files a statement under section 2 of this chapter; and

(2) whose retention is rejected by the electorate.

The term of a judge ends when the secretary of state issues a certificate
under IC 3-12-5-1 stating that the judge has been removed. However,
if the judge has filed a petition for a recount under IC 3-12-11, the term
of the judge does not end until the state recount commission has issued
a certificate under IC 3-12-11-18 stating that the electorate has rejected
the retention of the judge.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

IC 33-25-2-5Wording of question of retention on ballot

Sec. 5. The question of approval or rejection of a judge
shall be placed on the general election ballot in the form prescribed by
IC 3-11 and must state "Shall Judge (insert name (as permitted under
IC 3-5-7) here) be retained in office?".

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4. Amended by P.L.58-2005,
SEC.30.

IC 33-25-2-6Statement of retention; use by judge of same name on statement and
voter registration record

Sec. 6. The statement filed under section 2 of this
chapter must include a statement that the judge requests the name on
the judge's voter registration record be the same as the name the judge
uses on the statement. If there is a difference between the name on the
judge's statement and the name on the judge's voter registration record,
the officer with whom the statement is filed shall forward the
information to the voter registration officer of the appropriate county
as required by IC 3-5-7-6(e). The voter registration officer of the
appropriate county shall change the name on the judge's voter
registration record to be the same as the name on the judge's statement.

Sec. 1. (a) The judges of the court of appeals
shall select one (1) of their members as chief judge of the court.
The member selected retains that office for three (3) years after
the effective date of the member's appointment, subject to
reappointment in the same manner. However, a member of the
court may resign the office of chief judge without resigning
from the court. When a vacancy in the office of chief judge
occurs due to absence, illness, incapacity, or resignation, the
powers and duties of the chief judge devolve upon the judge of
the court of appeals who is senior in length of service.
However, if two (2) or more judges are equal in length of
service and senior in length of service, the determination of
chief judge shall be by lot until the cause of vacancy is
terminated or the vacancy is filled.

(b) The members of each district, other than the district from
which the chief judge was chosen, shall select one (1) of their
members as presiding judge of the district.

[Pre-2004 Recodification Citation:
33-2.1-2-4.]

As added by P.L.98-2004, SEC.4.

IC 33-25-3-2Disqualification of judge

Sec. 2. If a judge of the court of appeals:

(1) is related to a party;

(2) is interested in a case;

(3) was a counsel in a case; or

(4) was the judge who rendered the decision in a lower
court that has been appealed to the court of appeals;

the judge shall disqualify himself or herself and not sit to hear
the case.

[Pre-2004 Recodification Citation: 33-3-1-9.]

As added by P.L.98-2004, SEC.4.

IC 33-25-3-3Replacement of disqualified or absent judge

Sec. 3. When a judge disqualifies himself or
herself or is otherwise unable to sit for the hearing or decision
of a case in the judge's district, the chief judge shall assign a
court of appeals judge to the disqualified or absent judge's
district for the hearing and decision of the case.

[Pre-2004 Recodification Citation:
33-2.1-2-5.]

As added by P.L.98-2004, SEC.4.

IC 33-25-3-4Appeals; amount in controversy

Sec. 4. Except as provided in IC 34-56-1, an
appeal may not be taken to the court of appeals in any civil case
where the amount in controversy, exclusive of interest and
costs, does not exceed fifty dollars ($50).

[Pre-2004 Recodification Citation: 33-3-2-4.]

As added by P.L.98-2004, SEC.4.

IC 33-25-3-5Hearing and argument of cases

Sec. 5. The hearing and argument of cases in
the court of appeals shall be in accordance with:

(1) the rules of the supreme court as to hearing and
argument; or

(2) any rules the court of appeals adopts.

[Pre-2004 Recodification Citation:
33-3-1-10.]

As added by P.L.98-2004, SEC.4.

IC 33-25-3-6Opinions; reports; publication and distribution

Sec. 6. The judicial opinion or decision in each
case determined by the court of appeals shall be reduced to
writing. Reports of these opinions and decisions may be
published and distributed in the manner prescribed by the
supreme court.

[Pre-2004 Recodification Citation:
33-2.1-3-2.]

As added by P.L.98-2004, SEC.4.

IC 33-25-3-7Opinion and judgment; certification to lower court

Sec. 7. (a) In every case reversed by a division
of the court of appeals:

(1) an opinion shall be given on the material questions in
the case in writing; and

(2) the appropriate judgment shall be entered, with
directions to the lower court.

(b) In all cases, the opinion and judgment shall be certified
to the lower court thirty (30) days after the date allowed by law
for the filing of a petition for a rehearing, unless:

(1) an earlier date has been ordered by the division;

(2) a petition for a rehearing is filed; or

(3) the case is transferred or appealed to the supreme court.

If a case is transferred or appealed to the supreme court, or a
rehearing is granted, the judgment of the division of the court
of appeals is vacated. If a rehearing is denied, the opinion and
judgment shall, thirty (30) days after the date of the ruling, be
certified to the lower court, unless the case is transferred or
appealed to the supreme court.

(c) If the losing party files a waiver of the party's right to file
a petition for a rehearing, the opinion shall be immediately
certified to the lower court.

[Pre-2004 Recodification Citation:
33-3-2-15.]

As added by P.L.98-2004, SEC.4.

IC 33-25-3-8Process, rules, and orders; execution and service

Sec. 8. All process, rules, and orders of the
court of appeals shall be executed and served by the sheriff of
the county in which a process, a rule, or an order has been
directed. The sheriff is entitled to collect the fees allowed by
law for similar service of process, rules, or orders issued by the
supreme court.

[Pre-2004 Recodification Citation: 33-3-1-5.]

As added by P.L.98-2004, SEC.4.

IC 33-25-3-9Seal of court

Sec. 9. The court of appeals shall have a seal:

(1) designed and provided by the secretary of state at the
expense of the state; and

(2) have been admitted to the practice of law in Indiana for
a period of at least five (5) years.

[Pre-2004 Recodification Citation: 33-3-5-4.]

As added by P.L.98-2004, SEC.5.

IC 33-26-2-3Term of office; approval or rejection

Sec. 3. (a) The initial term of office of a person
appointed to serve as the judge of the tax court begins on the
effective date of that appointment and ends on the date of the
next general election that follows the expiration of two (2) years
from the effective date of that appointment.

(b) The tax court judge may be approved or rejected for an
additional term or terms in the same manner as are the justices
of the supreme court under IC 33-24-2.

[Pre-2004 Recodification Citation: 33-3-5-5.]

As added by P.L.98-2004, SEC.5.

IC 33-26-2-4Vacancy

Sec. 4. (a) Except as otherwise provided in this
section, a vacancy on the tax court shall be filled as provided in
IC 33-27.

(b) Before the expiration of the sixty (60) day period
prescribed by IC 33-27-3-4, the governor shall:

(1) appoint to the tax court one (1) of the three (3) persons
initially nominated by the judicial nominating commission;
or

(2) reject all the persons initially nominated by the
commission.

If the governor does reject all the nominees, the governor shall
notify the chairman of the judicial nominating commission of
that action. The commission shall then submit the nominations
of three (3) new candidates to the governor not later than forty
(40) days after receipt of the notice. The governor shall fill the
vacancy on the tax court by appointing one (1) of the new
candidates within sixty (60) days from the date the names of the
new candidates are submitted by the commission.

[Pre-2004 Recodification Citation: 33-3-5-6.]

As added by P.L.98-2004, SEC.5.

IC 33-26-2-5Salary; expenses; full-time position

Sec. 5. (a) The judge of the tax court is entitled
to an annual salary equal to the annual salary provided in IC 33-38-5-8 to a judge of the court of appeals. In addition, the
judge of the tax court is entitled to the following:

(1) Reimbursement for traveling expenses and other
expenses actually incurred in connection with the judge's
duties, as provided in the state travel policies and
procedures established by the Indiana department of
administration and approved by the budget agency.

(2) A subsistence allowance equal to the amount provided
under IC 33-38-5-8 to a judge of the court of appeals who
is not the chief judge of the court of appeals.

(b) The judge of the tax court:

(1) shall devote full-time to judicial duties; and

(2) may not engage in the practice of law.

(c) The state shall pay the annual salary prescribed in
subsection (a) from the state general fund.

(d) The state shall furnish an automobile to the judge of the
state tax court.

[Pre-2004 Recodification Citation: 33-3-5-7.]

As added by P.L.98-2004, SEC.5.

IC 33-26-2-6Disqualification; judge pro tempore

Sec. 6. If the judge of the tax court is
disqualified from hearing a case or is incapable of exercising
judicial duties with respect to the case, the chief justice of the
supreme court shall appoint a judge pro tempore to sit in place
of the disqualified or absent judge.

Sec. 1. The tax court is a court of limited jurisdiction.
The tax court has exclusive jurisdiction over any case that arises under
the tax laws of Indiana and that is an initial appeal of a final
determination made by:

(1) the department of state revenue with respect to a listed tax (as
defined in IC 6-8.1-1-1); or

(2) the Indiana board of tax review.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

IC 33-26-3-2Other jurisdiction

Sec. 2. In addition to the jurisdiction described in
section 1 of this chapter, the tax court has:

(1) any other jurisdiction conferred by statute; and

(2) exclusive jurisdiction over any case that was an initial appeal
of a final determination made by the state board of tax
commissioners before January 1, 2002.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

IC 33-26-3-3Original tax appeals

Sec. 3. The cases over which the tax court has
exclusive original jurisdiction are referred to as original tax appeals in
this article. The tax court does not have jurisdiction over a case unless:

(1) the case is an original tax appeal; or

(2) the tax court has otherwise been specifically assigned
jurisdiction by statute.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

IC 33-26-3-4Location of evidentiary hearings

Sec. 4. A taxpayer that appeals to the tax court shall,
at the time the appeal is filed, elect to have all evidentiary hearings in
the appeal conducted in one (1) of the following counties:

(1) Allen County.

(2) Jefferson County.

(3) Lake County.

(4) Marion County.

(5) St. Joseph County.

(6) Vanderburgh County.

(7) Vigo County.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

IC 33-26-3-5Election by appellee of location of evidentiary hearings

Sec. 5. A taxpayer that is an appellee in an appeal to
the tax court shall, within thirty (30) days after it receives notice of the
appeal, elect to have all evidentiary hearings in the appeal conducted
in a county listed in section 4 of this chapter.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

IC 33-26-3-6Jurisdiction; gaming card excise tax

Sec. 6. (a) The tax court does not have jurisdiction
over a case that is an appeal from a final determination made by the
Indiana gaming commission under IC 4-32.2.

(b) The tax court has jurisdiction over a case that is an appeal from
a final determination made by the department of state revenue
concerning the gaming card excise tax established under IC 4-32.2-10.

Sec. 0.2. (a) Notwithstanding IC 33-3-5-2, as
amended by P.L.198-2001 (before its repeal, now codified in this
chapter), the tax court has exclusive jurisdiction over any case that
arises under the tax laws of this state and that is an initial appeal
initiated after December 31, 2001, of a final determination made by the
department of local government finance if the following apply:

(1) The tax court would have had jurisdiction over the case if the
appeal had been initiated before January 1, 2002.

(2) P.L.198-2001 does not provide that the final determination is
subject to appeal to the Indiana board of tax review.

(b) IC 33-3-5-14 (as amended by P.L.198-2001 before its repeal,
now codified at section 3 of this chapter), and IC 33-3-5-14.2 (as added
by P.L.198-2001 before its repeal, now codified at IC 33-26-7-1, IC 33-26-7-2, IC 33-26-7-3, and IC 33-26-7-4), IC 33-3-5-14.5 (as added
by P.L.198-2001, before its repeal, now codified at section 5 of this
chapter), and IC 33-3-5-14.8 (as added by P.L.198-2001, before its
repeal, now codified at section 6 of this chapter) apply to appeals
initiated under IC 6-1.1-15-5, as amended by P.L.198-2001, of final
determinations of the Indiana board of tax review issued after
December 31, 2001.

As added by P.L.220-2011, SEC.531.

IC 33-26-6-1Trial without jury; adoption of rules and procedures

Sec. 1. (a) The tax court shall try each original tax
appeal without the intervention of a jury.

(b) The tax court shall adopt rules and procedures under which
original tax appeals are heard and decided.

[Pre-2004 Recodification Citation: 33-3-5-13.]

As added by P.L.98-2004, SEC.5.

IC 33-26-6-2Tax appeal or injunction; injunction pending appeal

Sec. 2. (a) A taxpayer who wishes to initiate an
original tax appeal must file a petition in the tax court to set aside the
final determination of the department of state revenue or the Indiana
board of tax review. If a taxpayer fails to comply with any statutory
requirement for the initiation of an original tax appeal, the tax court
does not have jurisdiction to hear the appeal.

(b) A taxpayer who wishes to enjoin the collection of a tax pending
the original tax appeal must file a petition with the tax court to enjoin
the collection of the tax. The petition must set forth a summary of:

(1) the issues that the petitioner will raise in the original tax
appeal; and

(2) the equitable considerations for which the tax court should
order the collection of the tax to be enjoined.

(c) After a hearing on the petition filed under subsection (b), the tax
court may enjoin the collection of the tax pending the original tax
appeal, if the tax court finds that:

(1) the issues raised by the original tax appeal are substantial;

(2) the petitioner has a reasonable opportunity to prevail in the
original tax appeal; and

(3) the equitable considerations favoring the enjoining of the
collection of the tax outweigh the state's interests in collecting the
tax pending the original tax appeal.

(d) This section does not apply to a final determination of the
Indiana gaming commission under IC 4-32.2.

(e) This section applies to a final determination made by the
department of state revenue concerning the gaming card excise tax
established under IC 4-32.2-10.

[Pre-2004 Recodification Citation: 33-3-5-11.]

As added by P.L.98-2004, SEC.5. Amended by P.L.91-2006,
SEC.12.

IC 33-26-6-3Scope of proceeding; law governing

Sec. 3. (a) Subject to subsection (b), with respect to
determinations as to whether any issues or evidence may be heard in an
original tax appeal that was not heard in the administrative hearing or
proceeding, the tax court is governed by the law that applied before the
creation of the tax court to appeals to trial courts of final
determinations made by the department of state revenue and the state
board of tax commissioners.

(b) Judicial review of disputed issues of fact must be confined to:

(1) the record of the proceeding before the Indiana board of tax
review; and

(2) any additional evidence taken under section 5 of this chapter.

The tax court may not try the case de novo or substitute its judgment
for that of the Indiana board of tax review. Judicial review is limited to
only those issues raised before the Indiana board of tax review, or
otherwise described by the Indiana board of tax review, in its final
determination.

(c) A person may obtain judicial review of an issue that was not
raised before the Indiana board of tax review only to the extent that the:

(1) issue concerns whether a person who was required to be
notified of the commencement of a proceeding under this chapter
was notified in substantial compliance with the applicable law; or

(2) interests of justice would be served by judicial resolution of an
issue arising from a change in controlling law occurring after the
Indiana board of tax review's action.

Sec. 4. (a) The burden of demonstrating the invalidity
of an action taken by the state board of tax commissioners is on the
party to the judicial review proceeding asserting the invalidity.

(b) The validity of an action taken by the state board of tax
commissioners shall be determined in accordance with the standards
of review provided in this section as applied to the agency action at the
time it was taken.

(c) The tax court shall make findings of fact on each material issue
on which the court's decision is based.

(d) The tax court shall grant relief under section 7 of this chapter
only if the tax court determines that a person seeking judicial relief has
been prejudiced by an action of the state board of tax commissioners
that is:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;

(2) contrary to constitutional right, power, privilege, or immunity;

(3) in excess of or short of statutory jurisdiction, authority, or
limitations;

(4) without observance of procedure required by law; or

(5) unsupported by substantial or reliable evidence.

(e) Subsection (d) may not be construed to change the substantive
precedential law embodied in judicial decisions that are final as of
January 1, 2002.

[Pre-2004 Recodification Citation: 33-3-5-14.1.]

As added by P.L.98-2004, SEC.5.

IC 33-26-6-5Additional evidence; remand

Sec. 5. (a) This section applies with respect to judicial
review of final determinations of the Indiana board of tax review.

(b) The tax court may receive evidence in addition to that contained
in the record of the determination of the Indiana board of tax review
only if the evidence relates to the validity of the determination at the
time it was taken and is needed to decide disputed issues regarding one
(1) or both of the following:

(1) Improper constitution as a decision making body or grounds
for disqualification of those taking the agency action.

(2) Unlawfulness of procedure or decision making process.

This subsection applies only if the additional evidence could not, by
due diligence, have been discovered and raised in the administrative
proceeding giving rise to a proceeding for judicial review.

(c) The tax court may remand a matter to the Indiana board of tax
review before final disposition of a petition for review with directions
that the Indiana board of tax review conduct further factfinding or that
the Indiana board of tax review prepare an adequate record, if:

(1) the Indiana board of tax review failed to prepare or preserve
an adequate record;

(2) the Indiana board of tax review improperly excluded or
omitted evidence from the record; or

(3) a relevant law changed after the action of the Indiana board of
tax review and the tax court determines that the new provision of
law may control the outcome.

(d) This subsection applies if the record for a judicial review
prepared under IC 6-1.1-15-6 contains an inadequate record of a site
inspection. Rather than remand a matter under subsection (c), the tax
court may take additional evidence not contained in the record relating
only to observations and other evidence collected during a site
inspection conducted by a hearing officer or other employee of the
Indiana board of tax review. The evidence may include the testimony
of a hearing officer only for purposes of verifying or rebutting evidence
regarding the site inspection that is already contained in the record.

Sec. 6. (a) This section applies with respect to judicial
review of final determinations of the Indiana board of tax review.

(b) The burden of demonstrating the invalidity of an action taken by
the Indiana board of tax review is on the party to the judicial review
proceeding asserting the invalidity.

(c) The validity of an action taken by the Indiana board of tax
review shall be determined in accordance with the standards of review
provided in this section as applied to the agency action at the time it
was taken.

(d) The tax court shall make findings of fact on each material issue
on which the court's decision is based.

(e) The tax court shall grant relief under section 7 of this chapter
only if the tax court determines that a person seeking judicial relief has
been prejudiced by an action of the Indiana board of tax review that is:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;

(2) contrary to constitutional right, power, privilege, or immunity;

(3) in excess of statutory jurisdiction, authority, or limitations, or
short of statutory jurisdiction, authority, or limitations;

(4) without observance of procedure required by law; or

(5) unsupported by substantial or reliable evidence.

(f) Subsection (e) may not be construed to change the substantive
precedential law embodied in judicial decisions that are final as of
January 1, 2002.

(b) Written decisions of the tax court may be published and
distributed in the manner prescribed by the supreme court.

(c) A decision of the tax court remanding the matter of assessment
of property under IC 6-1.1-15-8 to the Indiana board of tax review shall
specify the issues on remand on which the Indiana board of tax review
is to act.

(d) The decisions of the tax court may be appealed directly to the
supreme court.

[Pre-2004 Recodification Citations: 33-2.1-3-2;
33-3-5-15.]

As added by P.L.98-2004, SEC.5.

IC 33-26-7Chapter 7. Representation by Attorney General

33-26-7-1Representation of local officials by private
attorney; attorney general approval

IC 33-26-7-1Representation of local officials by private attorney; attorney general
approval

Sec. 1. Subject to IC 4-6-2-11, IC 4-6-5-3, and the
written approval of the attorney general, a township assessor, a county
assessor, a county auditor, a member of a county property tax
assessment board of appeals, or a county property tax assessment board
of appeals that:

(1) made an original determination that is the subject of a judicial
proceeding in the tax court; and

(2) is a defendant in a judicial proceeding in the tax court;

may elect to be represented in the judicial proceeding by an attorney
selected and paid by the defendant, the township, or the county.

[Pre-2004 Recodification Citation: 33-3-5-14.2.]

As added by P.L.98-2004, SEC.5. Amended by P.L.154-2006,
SEC.70.

IC 33-26-7-2Discovery

Sec. 2. Notwithstanding representation by the office
of the attorney general, the duty of discovery is on the parties to the
judicial proceeding.

[Pre-2004 Recodification Citation: 33-3-5-14.2.]

As added by P.L.98-2004, SEC.5.

IC 33-26-7-3Discovery; production of documents from administrative law judge

Sec. 3. Discovery conducted under section 2 of this
chapter is limited to production of documents from the administrative
law judge presiding over the review under IC 6-1.1-15-3. The
administrative law judge may not be summoned to testify before the tax
court unless verified proof is offered to the tax court that the
impartiality of the administrative law judge was compromised
concerning the review.

[Pre-2004 Recodification Citation: 33-3-5-14.2.]

As added by P.L.98-2004, SEC.5.

IC 33-26-7-4Relief

Sec. 4. A township assessor, a county assessor, a
county auditor, a member of a county property tax assessment board of
appeals, or a county property tax assessment board of appeals:

(1) may seek relief from the tax court to establish that the Indiana
board of tax review rendered a decision that was:

(A) an abuse of discretion;

(B) arbitrary and capricious;

(C) contrary to substantial or reliable evidence; or

(D) contrary to law; and

(2) may not be represented by the office of the attorney general in
an action initiated under subdivision (1).

Sec. 1. As used in this chapter, "contractor" means a
reassessment, reassessment review, or special reassessment contractor
of the department of local government finance under IC 6-1.1-4-32
(repealed).

Sec. 2. As used in this chapter, "qualifying county"
means a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000).

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.

IC 33-26-8-3"Qualifying official"

Sec. 3. As used in this chapter, "qualifying official"
refers to any of the following:

(1) A county assessor of a qualifying county.

(2) A township assessor of a qualifying county.

(3) The county auditor of a qualifying county.

(4) The treasurer of a qualifying county.

(5) The county surveyor of a qualifying county.

(6) A member of the land valuation committee in a qualifying
county.

(7) Any other township or county official in a qualifying county
who has possession or control of information necessary or useful
for a reassessment, reassessment review, or special reassessment
of property to which IC 6-1.1-4-32 (repealed) applies, including
information in the possession or control of an employee or a
contractor of the official.

(8) Any county official in a qualifying county who has control,
review, or other responsibilities related to paying claims of a
contractor submitted for payment under IC 6-1.1-4-32 (repealed).

Sec. 4. Upon petition from the department of local
government finance or a contractor, the tax court may order a
qualifying official to produce information requested in writing from the
qualifying official by the department of local government finance or the
contractor.

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.

IC 33-26-8-5Production of information; deadline

Sec. 5. If the tax court orders a qualifying official to
provide requested information as described in section 4 of this chapter,
the tax court shall order production of the information not later than
fourteen (14) days after the date of the tax court's order.

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.

IC 33-26-8-6Contempt of tax court

Sec. 6. The tax court may find that any willful
violation of this chapter by a qualifying official constitutes a direct
contempt of the tax court.

Sec. 1. When a complaint is filed, a taxpayer
who initiates an original tax appeal shall pay to the clerk of the
tax court the same fee as provided in IC 33-37-4-7 for actions
in probate court.

[Pre-2004 Recodification Citation:
33-3-5-16.]

As added by P.L.98-2004, SEC.5.

IC 33-26-9-2Witness fees and mileage

Sec. 2. A witness who testifies before the tax
court is entitled to receive the same fee and mileage allowance
provided to witnesses who testify in a circuit court. The person
who calls the witness to testify shall pay the witness fee and
mileage allowance.

[Pre-2004 Recodification Citation:
33-3-5-17.]

As added by P.L.98-2004, SEC.5.

IC 33-26-9-3Transcript fees

Sec. 3. The tax court may fix and charge a fee
for preparing, comparing, or certifying a transcript. However,
the tax court's fee may not exceed the fee charged by circuit
courts for the same service.

[Pre-2004 Recodification Citation:
33-3-5-18.]

As added by P.L.98-2004, SEC.5.

IC 33-26-9-4Fees; collection; disposition

Sec. 4. The clerk of the tax court shall collect
the fees imposed under sections 1 and 3 of this chapter. The
clerk shall transmit the fees to the treasurer of state. The
treasurer shall deposit the fees in the state general fund.

[Pre-2004 Recodification Citation:
33-3-5-19.]

As added by P.L.98-2004, SEC.5.

IC 33-26-9-5Filing fee refund

Sec. 5. If a taxpayer prevails in a complaint that
is placed on the small claims docket under IC 33-26-5, the tax
court shall order the refund of the taxpayer's filing fee under
section 1 of this chapter from the state general fund. The auditor
of state shall pay a warrant that is ordered under this section.

Sec. 1. (a) The governor shall appoint three (3)
nonattorney citizens of Indiana, one (1) each from the First
District, the Second District, and the Third District of the court
of appeals, as commissioners of the judicial nominating
commission.

(b) One (1) month before the expiration of a term of office of
a nonattorney commissioner, the governor shall either reappoint
the commissioner as provided in section 5 of this chapter or
appoint a new nonattorney commissioner. All appointments
made by the governor to the judicial nominating commission
shall be certified to the secretary of state and to the clerk of the
supreme court not later than ten (10) days after the appointment.

(c) Except as provided in subsection (e), the governor shall
appoint each nonattorney commissioner for a term of three (3)
years.

(d) An appointed nonattorney commissioner must reside in
the court of appeals district for which the nonattorney
commissioner was appointed. A nonattorney commissioner is
considered to have resigned the position if the residency of the
nonattorney commissioner changes from the court of appeals
district for which the nonattorney commissioner was appointed.

(e) When a vacancy occurs in the office of a nonattorney
commissioner, the chairman of the commission shall promptly
notify the governor in writing. Vacancies in the office of
nonattorney commissioners shall be filled by appointment by
the governor not later than sixty (60) days after the governor
receives notice of the vacancy. The term of the nonattorney
commissioner appointed to fill the vacancy is for the unexpired
term of the member whose vacancy the new nonattorney
commissioner has filled.

Sec. 2. (a) For purposes of electing attorney
members to the judicial nominating commission, the state shall
be divided into three (3) districts, corresponding to the First
District, the Second District, and the Third District of the court
of appeals.

(b) The qualified electors consist of the individuals who are
registered with the clerk of the supreme court as attorneys in
good standing under the requirements of the supreme court.

(c) The electors of each district shall elect one (1) resident of
their district who is admitted to the practice of law in Indiana to
the judicial nominating commission. The term of office of each
elected member is three (3) years, beginning on the first day of
January following the election. During the month before the
expiration of an elected member's term of office, an election
shall be held to fill the succeeding three (3) year term of office.
Attorney commissioners on the commission must reside for the
term of their office in the district from which they were elected.
An attorney commissioner is considered to have resigned the
position if the residency of the attorney commissioner changes
from the court of appeals district for which the attorney
commissioner was elected.

(d) Except when a term of office has less than ninety (90)
days remaining, vacancies in the office of an attorney
commissioner to the judicial nominating commission shall be
filled for the unexpired term of the member creating the
vacancy by a special election. An attorney commissioner who
is elected to fill an unexpired term shall commence the attorney
commissioner's duties immediately upon the certification of the
new attorney commissioner's election to the secretary of state.

[Pre-2004 Recodification Citation:
33-2.1-4-2.]

As added by P.L.98-2004, SEC.6.

IC 33-27-2-3Election procedure

Sec. 3. The attorney commissioners of the
judicial nominating commission shall be elected by the
following process:

(1) The clerk of the supreme court shall, at least ninety (90)
days before the date of an election, send a notice by mail to
the address for each qualified elector shown on the records
of the clerk informing the electors that nominations for the
election must be made to the clerk of the supreme court at
least sixty (60) days before the election.

(2) A nomination in writing accompanied by a signed
petition of thirty (30) electors from the nominee's district,
and the written consent of the nominee shall be filed, by
mail or otherwise, by any electors or group of electors
admitted to the practice of law in Indiana who reside in the
same district as the nominee, in the office of the clerk of
the supreme court at least sixty (60) days before the
election.

(3) The clerk of the supreme court shall prepare and print
separate ballots for each court of appeals district. These
ballots must contain the names and residence addresses of
all nominees residing within the district for which the
ballots are prepared, and whose written nominations,
petitions, and written statements of consent have been
received sixty (60) days before the election.

(4) The ballot must read as follows:

Indiana Judicial Nominating Commission

BALLOT FOR DISTRICT ( )

To be cast by individuals residing in District ( ) and registered
with the Clerk of the Supreme Court as an attorney in good
standing under the requirements of the Supreme Court. Vote for
one (1) member listed below for Indiana Judicial Nominating
Commissioner for the term commencing _______.

District ( )

(Name)(Address)

(Name)(Address)

(Name)(Address)

To be counted, this ballot must be completed, the
accompanying certificate completed and signed, and both
together mailed or delivered to the Clerk of the Supreme Court
of Indiana, Indianapolis, Indiana, not later than _______.

DESTROY BALLOT IF NOT USED

(5) In each district, the nominee receiving the most votes
from the district shall be elected.

(6) The clerk shall also supply with each ballot distributed
a certificate, to be completed and signed and returned by
the elector voting the ballot, certifying that the voter is
registered with the clerk of the supreme court as an
attorney in good standing under the requirements of the
supreme court, and that the voter voted the ballot returned.
A ballot not accompanied by the signed certificate of the
voter shall not be counted.

(7) To maintain the secrecy of each vote, a separate
envelope shall be provided by the clerk for the ballot, in
which only the voted ballot may be placed. This envelope
shall not be opened until the counting of the ballots.

(8) The clerk of the supreme court shall mail a ballot and
the accompanying material to all electors at least two (2)
weeks before the date of the election.

(9) The ballot and the accompanying certificate must be
received by the clerk of the supreme court by 4 p.m. on the
last day of the election period.

(10) Upon receiving the completed ballots and the
accompanying certificate the clerk of the supreme court
shall insure that the certificates have been completed in
compliance with this article. All ballots that are
accompanied by a valid certificate shall be placed in a
package designated to contain ballots. All accompanying
certificates shall be placed in a separate package.

(11) The clerk of the supreme court, with the assistance of
the secretary of state and the attorney general, shall open
and canvass all ballots after 4 p.m. on the last day of the
election period in the office of the clerk of the supreme
court. A ballot received after 4 p.m. may not be counted
unless the chief justice orders an extension of time because
of unusual circumstances. Upon canvassing the ballots, the
clerk of the supreme court shall place all ballots back in
their packages. These, along with the certificates, shall be
retained in the clerk's office for six (6) months, and the
clerk may not permit anyone to inspect them except upon
an order of the supreme court.

(12) Not later than ten (10) days after the election, the clerk
shall certify the results to the secretary of state.

(13) In an election held for selection of attorney
commissioners of the judicial nominating commission, if
two (2) or more nominees are tied, the canvassers shall
resolve the tie by lot in a manner that they shall determine,
and the winner of the lot is considered elected.

[Pre-2004 Recodification Citation:
33-2.1-4-3.]

As added by P.L.98-2004, SEC.6.

IC 33-27-2-4Notification

Sec. 4. After the attorney commissioners have
been elected, and after the names of the nonattorney
commissioners appointed by the governor have been certified
to the secretary of state as provided in this chapter, the clerk
shall notify, by regular mail, the members of the commission of
their election or appointment.

[Pre-2004 Recodification Citation:
33-2.1-4-4.]

As added by P.L.98-2004, SEC.6.

IC 33-27-2-5Duration in office

Sec. 5. A member of the judicial nominating
commission may serve until the member's successor is
appointed or elected. An attorney commissioner or a
nonattorney commissioner is not eligible for successive
reelection or reappointment. However, an attorney
commissioner or a nonattorney commissioner who has been
appointed or elected to fill a vacancy on the commission for less
than one (1) year is eligible upon the expiration of that term, if
otherwise qualified, for a succeeding term.

[Pre-2004 Recodification Citation:
33-2.1-4-5.]

As added by P.L.98-2004, SEC.6.

IC 33-27-2-6Compensation

Sec. 6. A member of the judicial nominating
commission shall serve without compensation for the member's
services, except for per diem and travel expenses and other
necessary and reasonable expenses.

[Pre-2004 Recodification Citation:
33-2.1-4-14.]

As added by P.L.98-2004, SEC.6.

IC 33-27-2-7Personnel; appropriations

Sec. 7. (a) The judicial nominating commission
may employ investigators and other experts that the
commission determines are necessary to carry out its functions
and purposes. The commission may employ special counsel in
a proceeding if the commission determines the employment is
advisable.

(b) The division of state court administration shall serve the
judicial nominating commission in performing the
commission's statutory and constitutional functions.

(c) The general assembly may appropriate the sums it
considers necessary for expenses that may be incurred in the
administration of this article.

[Pre-2004 Recodification Citation:
33-2.1-4-12.]

As added by P.L.98-2004, SEC.6.

IC 33-27-2-8Staff duties

Sec. 8. (a) The staff of the judicial nominating
commission shall make the findings of fact concerning
individuals eligible to fill a vacancy in a judicial office as the
commission directs.

(b) The staff shall compile biographical sketches of each
nominee running for election to the judicial nominating
commission. The information compiled shall be submitted to
the clerk of the supreme court for mailing, along with the
ballots, to qualified electors. The biographical sketches
prepared under this subsection must include the following
information for each nominee:

(1) Name and address.

(2) Legal background, including:

(A) type of practice;

(B) law firm; and

(C) law school year of graduation, honors, other
pertinent information.

(3) General educational background.

(4) A short statement by the nominee stating the nominee's
efforts and achievements in bringing about improvement
and betterment of the administration of justice.

(5) Public offices or positions, including:

(A) all public salaried positions; and

(B) all services contributed to a public or charitable
organization.

(6) Business and civic affairs.

(7) Any other pertinent information that the commission
considers important.

(c) The staff shall carry out any other duties assigned to it by
the general assembly and by the judicial nominating
commission when acting in that capacity and in its capacity as
the commission on judicial qualifications.

Sec. 9. The commissioners, employees, and
staff of the judicial nominating commission are immune from
civil liability for any act or proceeding taken, or communication
or statement made, relevant to the evaluation of a candidate
under IC 33-27-3-2.

Sec. 10. An agency, an organization, a person,
or an association described in IC 33-27-3-2(c) is immune from
civil liability for providing information or assistance in an
investigation under IC 33-27-3-2 or for testifying before the
judicial nominating commission if:

(1) the information or testimony is relevant to the
evaluation of a candidate under IC 33-27-3-2(a); and

Sec. 1. (a) When a vacancy occurs in the
supreme court, the court of appeals, or the tax court, the clerk
of the court shall promptly notify the chairman of the
commission of the vacancy.

(b) The chairman shall call a meeting of the commission not
later than twenty (20) days after receiving the notice.

(c) The commission shall submit the nominations of three (3)
candidates for the vacancy and certify them to the governor as
promptly as possible, but not later than seventy (70) days after
the time the vacancy occurs.

(d) When it is known that a vacancy will occur at a definite
future date, but the vacancy has not yet occurred, the clerk shall
notify the commission immediately of the future vacancy, and
the commission may, not later than sixty (60) days after
receiving the notice of the vacancy, make nominations and
submit to the governor the names of three (3) persons
nominated for the future vacancy.

[Pre-2004 Recodification Citation:
33-2.1-4-6.]

As added by P.L.98-2004, SEC.6.

IC 33-27-3-2Evaluating judicial candidates; investigations; public disclosure
of names and information; public records

Sec. 2. (a) The judicial nominating commission
shall submit to the governor, from those names the commission
considers for a vacancy, the names of only the three (3) most
highly qualified candidates. In determining which candidates
are most highly qualified each commission member shall
evaluate each candidate, in writing, on the following
considerations:

(1) Legal education, including law schools attended and
education after law school, and any academic honors and
awards achieved.

(3) Reputation in the practice of law, as evaluated by
attorneys and judges with whom the candidate has had
professional contact, and the type of legal practice,
including experience and reputation as a trial lawyer or
trial judge.

(4) Physical condition, including general health, stamina,
vigor, and age.

(5) Financial interests, including any interest that might
conflict with the performance of judicial responsibilities.

(6) Activities in public service, including writings and
speeches concerning public affairs and contemporary
problems, and efforts and achievements in improving the
administration of justice.

(7) Any other pertinent information that the commission
feels is important in selecting the most highly qualified
individuals for judicial office.

(b) The commission may not make an investigation to
determine these considerations until the individual states in
writing that the individual desires to hold a judicial office that
has been or will be created by a vacancy and that the individual
consents to the public disclosure of information under
subsections (d) and (g).

(c) The commission shall inquire into the personal and legal
backgrounds of each candidate by investigations made
independent from the statements on an application of the
candidate or in an interview with the candidate. In completing
these investigations, the commission may use information or
assistance provided by:

(1) a law enforcement agency;

(2) any organization of lawyers, judges, or individual
practitioners; or

(3) any other person or association.

(d) The commission shall publicly disclose the names of all
candidates who have filed for judicial appointment after the
commission has received the consent required by subsection (b)
but before the commission has begun to evaluate any of the
candidates. If the commission's screening of the candidates for
judicial appointment occurs in an executive session conducted
under IC 5-14-1.5-6.1(b)(10), the screening may not reduce the
number of candidates for further consideration to fewer than ten
(10) individuals unless there are fewer than ten (10) individuals
from which to choose before the screening. When the
commission's screening has reduced the number of candidates
for further consideration to not less than ten (10) or it has less
than ten (10) eligible candidates otherwise from which to
choose, the commission shall:

(1) publicly disclose the names of the individuals and their
applications before taking any further action; and

(2) give notice of any further action in the same manner
that notice is given under IC 5-14-1.5.

(e) Information described in subsection (d)(1) is identifying
information for the purposes of IC 5-14-1.5-6.1(b)(10).

(f) The commission shall submit with the list of three (3)
nominees to the governor its written evaluation of each
nominee, based on the considerations set forth in subsection (a).
The list of names submitted to the governor and the written
evaluation of each nominee shall be publicly disclosed by the
commission.

(g) Notwithstanding IC 5-14-3-4, all public records (as
defined in IC 5-14-3-2) of the judicial nominating commission
are subject to IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12). However, the following records are excepted
from public inspection and copying at the discretion of the
judicial nominating commission:

(1) Personnel files of commission employees and files of
applicants for employment with the commission to the
extent permitted under IC 5-14-3-4(b)(8).

(2) Records specifically prepared for discussion or
developed during discussion in an executive session under
IC 5-14-1.5-6.1, unless the records are prepared for use in
the consideration of a candidate for judicial appointment.

(A) the records are filed or introduced into evidence in
connection with the consideration of a candidate;

(B) the records are publicly discussed by the commission
in connection with the consideration of a candidate;

(C) a candidate elects to have the records released by the
commission; or

(D) the commission elects to release the records that the
commission considers appropriate in response to publicly
disseminated statements relating to the activities or
actions of the commission;

whichever occurs first.

(4) Applications of candidates for judicial appointment
who are not among the applicants eligible for further
consideration following the commission's screening under
subsection (d).

(5) The work product of an attorney (as defined in IC 5-14-3-2) representing the commission.

(h) When an event described by subsection (g)(3) occurs, the
investigatory record becomes available for public inspection
and copying under IC 5-14-3-3.

(i) As used in this subsection, "attributable communication"
refers to a communication containing the sender's name,
address, and telephone number. The commission shall provide
a copy of all attributable communications concerning a
candidate for judicial appointment to each member of the
commission. An attributable communication becomes available
for public inspection and copying under IC 5-14-3-3 after a
copy is provided to each member of the commission. The
commission may not consider a communication other than an
attributable communication in evaluating a candidate for
judicial appointment.

(j) The commission shall release the investigatory records
prepared for the commission under subsection (c) to the
candidate for judicial appointment described by the records.

[Pre-2004 Recodification Citation:
33-2.1-4-7.]

As added by P.L.98-2004, SEC.6.

IC 33-27-3-3Withdrawal or death of nominees; multiple vacancies

Sec. 3. If a nominee dies or requests in writing
that the nominee's name be withdrawn, the commission shall
nominate another person to replace the nominee from the list of
nominees previously provided. Whenever two (2) or more
vacancies exist, the commission shall nominate three (3)
different persons for each vacancy and submit a list of the
persons nominated to the governor.

[Pre-2004 Recodification Citation:
33-2.1-4-9.]

As added by P.L.98-2004, SEC.6.

IC 33-27-3-4Failure of governor to appoint; appointment by chief justice;
changes in list

Sec. 4. (a) If the governor fails to make an
appointment not later than sixty (60) days after the date the
names of the nominees are submitted to the governor, the chief
justice shall make the appointment from the nominees.

(b) A change in a list submitted to the governor under section
3 of this chapter requires a resubmission of the altered list to the
governor, and the sixty (60) day period in which the governor
must make the appointment begins on the date of resubmission.

[Pre-2004 Recodification Citation:
33-2.1-4-10.]

As added by P.L.98-2004, SEC.6.

IC 33-27-3-5Effective date of appointment

Sec. 5. An individual appointed to the supreme
court, the court of appeals, or the tax court by the governor shall
commence the duties of the individual's office immediately
upon the effective date of the appointment. An appointment to
a judicial office does not take effect until a vacancy for the
office exists.

[Pre-2004 Recodification Citation:
33-2.1-4-11.]

As added by P.L.98-2004, SEC.6.

IC 33-27-3-6Meetings

Sec. 6. (a) The judicial nominating commission
shall meet as necessary to discharge the commission's
responsibilities under the Constitution of the State of Indiana
and the state laws. Meetings of the commission shall be called
by the chairman, or if the chairman fails to call a meeting when
a meeting is necessary, upon the call of any four (4) members
of the commission. When a meeting is called, the chairman
shall give each member of the commission at least five (5) days
written notice by mail of the time and place of the meeting
unless the commission at its previous meeting designated the
time and place of the next meeting.

(b) Meetings of the commission must be held at a place in
Indiana, as arranged by the chairman of the commission.

(c) The commission shall act only at a meeting and may act
only on the concurrence of a majority of the members attending
a meeting. The commission may not vote to reduce the number
of candidates for further consideration or to submit or not
submit the list of nominees under subsection (e) during an
executive session. Four (4) members constitute a quorum.

(d) The commission may adopt reasonable and proper rules
for the conduct of its proceedings and the discharge of its
duties. The rules must comply with this chapter and include
procedures by which eligible candidates for a vacancy in the
supreme court or court of appeals may submit their names to the
commission. The rules are public records, and the meetings of
the commission at which the rules are considered for initial
adoption or amendment must be publicly announced and open
to the public.

(e) Notwithstanding IC 5-14-1.5-2, the commission is a
public agency for the purposes of IC 5-14-1.5. The commission
may meet in executive session under IC 5-14-1.5-6.1 for the
consideration of a candidate for judicial appointment if:

(1) notice of the executive session is given in the manner
prescribed by IC 5-14-1.5-5;

(2) all interviews of candidates are conducted at meetings
open to the public; and

(3) copies of all attributable communications (as defined in
section 2(i) of this chapter) concerning the candidates have
been provided to all commission members and made
available for public inspection and copying.

Sec. 1. A person who desires to serve as a
senior judge under IC 33-23-3 may apply to the judicial
nominating commission for certification to the supreme court
as a senior judge.

[Pre-2004 Recodification Citation:
33-2.1-4-17.]

As added by P.L.98-2004, SEC.6.

IC 33-27-4-2Certification

Sec. 2. The judicial nominating commission
shall certify to the supreme court a person desiring to serve as
a senior judge if the person meets requirements for service as a
senior judge set by the supreme court under IC 33-24-3-7.

[Pre-2004 Recodification Citation:
33-2.1-4-17.]

As added by P.L.98-2004, SEC.6.

IC 33-27-4-3Restrictions on certification; retirement benefits

Sec. 3. (a) Except as provided in subsection
(b), a person may not be certified under this section if:

(1) the person:

(A) has not served as a:

(i) judge;

(ii) justice;

(iii) magistrate; or

(iv) commissioner appointed under IC 33-33-49 who
has all the powers and duties prescribed for a
magistrate; or

(B) is still serving as a:

(i) judge;

(ii) justice;

(iii) magistrate; or

(iv) commissioner appointed under IC 33-33-49 who
has all the powers and duties prescribed for a
magistrate;

of a court of record in Indiana;

(2) the person is not available for the minimum period of
commitment for service as a senior judge specified by the
supreme court under IC 33-24-3-7; or

(B) any retirement benefits that the person is receiving or
is entitled to receive;

exceeds the minimum compensation to which judges of the
circuit court are entitled under IC 33-38-5.

(b) A person who elects to forgo retirement benefits during
the period of commitment as a senior judge may be certified as
a senior judge under section 2 of this chapter upon verification
by the judicial nominating commission of the availability to the
person of the election.

Sec. 1. The circuit court shall be held in the respective
counties at times as may be fixed by law. The court shall be styled
"____________ Circuit Court", according to the name of the county in
which it may be held.

[Pre-2004 Recodification Citation: 33-4-4-2.]

As added by P.L.98-2004, SEC.7.

IC 33-28-1-2Jurisdiction

Sec. 2. (a) All circuit courts have:

(1) original and concurrent jurisdiction in all civil cases and in all
criminal cases;

(2) de novo appellate jurisdiction of appeals from city and town
courts; and

(3) in Marion County, de novo appellate jurisdiction of appeals
from township small claims courts established under IC 33-34.

(b) The circuit court also has the appellate jurisdiction that may be
conferred by law upon it.

[Pre-2004 Recodification Citation: 33-4-4-3.]

As added by P.L.98-2004, SEC.7. Amended by P.L.201-2011,
SEC.22.

IC 33-28-1-3Recognizances

Sec. 3. The judge of a circuit court, within the judge's
district, shall take all necessary recognizances to keep the peace, or to
answer any criminal charge, or offense, in the court having jurisdiction.

[Pre-2004 Recodification Citation: 33-4-2-9.]

As added by P.L.98-2004, SEC.7.

IC 33-28-1-4Form of process

Sec. 4. If there is a process for which a form is not
prescribed by law, a circuit court shall frame a new writ in conformity
with the principles of the process.

(1) Issue and direct all processes necessary to the regular
execution of the law to the following:

(A) A court of inferior jurisdiction.

(B) A corporation.

(C) An individual.

(2) Make all proper judgments, sentences, decrees, orders, and
injunctions, issue all processes, and do other acts as may be
proper to carry into effect the same, in conformity with Indiana
laws and Constitution of the State of Indiana.

(3) Administer all necessary oaths.

(4) Punish, by fine or imprisonment, or both, all contempts of the
court's authority.

(5) Proceed in any matter before the court, or in any matter in
which the proceedings of the court, or the due course of justice,
is interrupted.

(6) Grant commissions for the examination of witnesses according
to the regulations of law.

Sec. 6. When the subject matter of a circuit court is
situated in two (2) or more counties, the court that takes cognizance of
the matter first shall retain the matter.

[Pre-2004 Recodification Citation: 33-4-2-4.]

As added by P.L.98-2004, SEC.7.

IC 33-28-1-7Seal of court

Sec. 7. The circuit court of each county shall have a
seal. A description of the seal must be signed by the judge devising the
seal. The seal must be filed by the clerk and recorded.

[Pre-2004 Recodification Citation: 33-4-2-6.]

As added by P.L.98-2004, SEC.7.

IC 33-28-1-8Clerk's private seal

Sec. 8. (a) This section applies to a new county in
which a seal has not been devised for the county's circuit court.

(b) The clerk of a circuit court located in a county subject to this
section may seal all papers required by law to be sealed with the seal
of the circuit court with the clerk's private seal. Papers sealed with the
clerk's seal under this section are considered to have been sealed with
a seal devised by the circuit court.

[Pre-2004 Recodification Citation: 33-4-2-7.]

As added by P.L.98-2004, SEC.7.

IC 33-28-1-9Failure of judge to attend court

Sec. 9. A suit, process, matter, or proceeding
returnable to or pending in any circuit court may not be discontinued
by reason of a failure of the judge to attend on the first or any other day
of the term.

[Pre-2004 Recodification Citation: 33-4-2-10.]

As added by P.L.98-2004, SEC.7.

IC 33-28-1-10Sheriff or coroner absent or incapacitated; appointment of elisor

Sec. 10. If, at any time both the sheriff and the
coroner are unable to attend, or if the sheriff and coroner are both
incapacitated from serving, the board of county commissioners may
appoint an elisor to serve during the pendency of the matter in which
the sheriff and coroner are disabled from serving.

[Pre-2004 Recodification Citation: 33-4-2-11.]

As added by P.L.98-2004, SEC.7.

IC 33-28-1-11Oath, bond, and authority of elisor

Sec. 11. An elisor appointed under section 10 of this
chapter shall take the same oath and give the same bond and surety that
are required of sheriffs. The elisor has the same authority to perform all
the duties of the sheriff that relate to the service for which the elisor is
specially appointed. The elisor is governed by the same rules and
subject to the same penalties and liabilities as the sheriff.

Sec. 1. (a) A judge of the circuit court shall be elected
under IC 3-10-2-11 by the voters of each circuit.

[Pre-2004 Recodification Citation: 33-4-4-1.]

As added by P.L.98-2004, SEC.7.

IC 33-28-2-2Numbered seats

Sec. 2. In any circuit for which IC 33-33 provides
more than one (1) judge of the circuit court, the county election board
shall assign a number to each seat on the court. After that, any
candidate for judge of the circuit court must file a declaration of
candidacy under IC 3-8-2 or petition of nomination under IC 3-8-6 for
one (1) specified seat of the court. Each seat on the court shall be listed
separately on the election ballot in the form prescribed by IC 3-10-1-19
and IC 3-11.

[Pre-2004 Recodification Citation: 33-4-4-1.]

As added by P.L.98-2004, SEC.7. Amended by P.L.58-2005,
SEC.31.

IC 33-28-3Chapter 3. Small Claims and Misdemeanor Division

33-28-3-1Applicability of chapter to circuit courts having
standard small claims and misdemeanor division

33-28-3-10Compliance with requests by executive director
of state court administration

IC 33-28-3-1Applicability of chapter to circuit courts having standard small claims
and misdemeanor division

Sec. 1. This chapter applies to each circuit court that
has a standard small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-4-3-5.]

As added by P.L.98-2004, SEC.7. Amended by P.L.201-2011,
SEC.23.

IC 33-28-3-2Dockets

Sec. 2. The small claims and misdemeanor division of
the court has the following dockets:

(1) A small claims docket.

(2) A minor offenses and violations docket.

[Pre-2004 Recodification Citation: 33-4-3-6.]

As added by P.L.98-2004, SEC.7.

IC 33-28-3-3Repealed

[Pre-2004 Recodification Citation: 33-4-3-7.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.1-2007,
SEC.248.

IC 33-28-3-4Jurisdiction of small claims docket

Sec. 4. (a) This section applies after June 30, 2005.

(b) The small claims docket has jurisdiction over the following:

(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any claim
that exceeds six thousand dollars ($6,000) in order to bring it
within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the
rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).

(3) Emergency possessory actions between a landlord and tenant
under IC 32-31-6.

Sec. 5. (a) The exceptions provided in this section to
formal practice and procedure apply to all cases on the small claims
docket.

(b) A defendant is considered to have complied with the statute and
rule requiring the filing of an answer upon entering an appearance
personally or by attorney. The appearance constitutes a general denial
and preserves all defenses and compulsory counterclaims, which may
then be presented at the trial of the case.

(c) If, at the trial of the case, the court determines:

(1) that the complaint is so vague or ambiguous that the defendant
was unable to determine the nature of the plaintiff's claim; or

(2) that the plaintiff is surprised by a defense or compulsory
counterclaim raised by the defendant that the plaintiff could not
reasonably have anticipated;

the court shall grant a continuance.

(d) The trial shall be conducted informally, with the objective of
dispensing speedy justice between the parties according to the rules of
substantive law. The trial is not bound by the statutes or rules
governing practice, procedure, pleadings, or evidence except for
provisions relating to privileged communications and offers of
compromise.

[Pre-2004 Recodification Citation: 33-4-3-8.]

As added by P.L.98-2004, SEC.7.

IC 33-28-3-6Change of venue in cases on small claims docket

Sec. 6. There is no change of venue from the county
as of right in cases on the small claims docket. However, a change of
venue from the judge shall be granted as provided by statute and by
rules of the supreme court.

Sec. 7. (a) The filing of a claim on the small claims
docket is considered a waiver of trial by jury.

(b) The defendant may, not later than ten (10) days following
service of the complaint in a small claims case, demand a trial by jury
by filing an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

(c) Notice of the defendant's right to a jury trial, and the ten (10) day
period in which to file for a jury trial, must be clearly stated on the
notice of claim or on an additional sheet to be served with the notice of
claim on the defendant.

(d) Upon the deposit of seventy dollars ($70) in the small claims
docket by the defendant, the court shall transfer the claim to the plenary
docket. Upon transfer, the claim then loses its status as a small claim.

Sec. 1. As used in this chapter, "courts" means courts
that conduct jury trials.

[Pre-2004 Recodification Citation: 33-4-11-1.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.2.

IC 33-28-5-2"Juror qualification form" defined

Sec. 2. As used in this chapter, "juror qualification
form" means the form prescribed for use by the courts and delivered to
each prospective juror.

[Pre-2004 Recodification Citation: 33-4-11-2.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.3.

IC 33-28-5-3"Jury administrator" defined

Sec. 3. As used in this chapter, "jury administrator"
means the court administrator, the county clerk, or other clerical
personnel appointed by a supervising judge to administer the jury
assembly process.

[Pre-2004 Recodification Citation: 33-4-11-3.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.4.

IC 33-28-5-3.5"Jury pool" defined

Sec. 3.5. As used in this chapter, "jury pool" means
the names or identifying numbers of prospective jurors drawn at
random from the master list.

As added by P.L.118-2007, SEC.5.

IC 33-28-5-4Repealed

[Pre-2004 Recodification Citation: 33-4-11-4.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007,
SEC.38.

IC 33-28-5-5"Master list" defined

Sec. 5. As used in this chapter, "master list" means a
form of record that contains the current lists approved by the supreme
court that may be used to select prospective jurors.

Sec. 7. As used in this chapter, "supervising judge"
means a judge of the courts designated to supervise the jury assembly
process.

[Pre-2004 Recodification Citation: 33-4-11-7.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.7.

IC 33-28-5-8Repealed

[Pre-2004 Recodification Citation: 33-4-11-8.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.80-2006,
SEC.17.

IC 33-28-5-9Uniform system of jury selection

Sec. 9. The jury assembly process must provide a
uniform system of jury selection for the courts ensuring that:

(1) persons selected for jury service are selected at random from
a fair cross-section of the population of the area served by the
courts; and

(2) qualified citizens have the opportunity under this chapter to:

(A) be considered for jury service in the county; and

(B) fulfill their obligation to serve as jurors when summoned
for that purpose.

[Pre-2004 Recodification Citation: 33-4-11-9.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.8.

IC 33-28-5-10Computerized jury selection system

Sec. 10. (a) The supervising judge may authorize use
of a computerized jury selection system under this chapter.

(b) A system authorized under subsection (a) must provide for the
impartial and random selection of prospective jurors.

[Pre-2004 Recodification Citation: 33-4-11-10.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.9.

IC 33-28-5-11Repealed

[Pre-2004 Recodification Citation: 33-4-11-11.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007,
SEC.38.

IC 33-28-5-12Plan for selection of grand and petit jurors

Sec. 12. (a) Under the supervision of the supervising
judge, the jury administrator shall prepare a written plan for the
selection of grand and petit jurors in the county. The plan must be
designed to achieve the objectives of this chapter. The plan must
specify the following:

(1) Source of names for the master list.

(2) Form of the master list.

(3) Method of selecting names from the master list.

(4) Methods for maintaining records of names drawn, jurors
qualified, and jurors' deferrals and reasons to be deferred,
including specifying any necessary forms.

(6) Procedures to be followed by prospective jurors in requesting
to be deferred from jury service.

(7) Number of petit jurors that constitutes a panel for civil and
criminal cases or a description of the uniform manner in which
this determination is made.

(8) That upon receipt of an order for a grand jury, the jury
administrator shall publicly, and in accordance with section 20 of
this chapter, draw at random from the jury pool twelve (12)
qualified jurors and direct them to appear before the supervising
judge. The supervising judge shall randomly select six (6) jurors
after:

(A) explaining to the twelve (12) prospective jurors the duties
and responsibilities of a grand jury; and

(B) deferring jurors under section 18 of this chapter.

(b) The plan must be submitted by the jury administrator to the
judges of the courts. The judges of the courts shall approve or direct
modification of the plan not later than sixty (60) days after its receipt.
If the plan is found not to comply, the court shall order the jury
administrator to make the necessary changes to bring the plan into
compliance. The approved plan must go into effect not later than sixty
(60) days after the plan is approved by the judges of the courts.

(c) The plan may be modified at any time according to the
procedure specified under this chapter.

(d) The plan is a public document on file in the office of the jury
administrator and must be available for inspection at all reasonable
times.

[Pre-2004 Recodification Citation: 33-4-11-12.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.10.

IC 33-28-5-13Master lists of prospective jurors

Sec. 13. (a) The jury administrator shall compile and
maintain a master list consisting of lists approved by the supreme court
that may be used to select prospective jurors. In compiling the master
list, the jury administrator shall make a reasonable effort to avoid
duplication of names.

(b) A person who has custody, possession, or control of any of the
lists making up or used in compiling the master list shall furnish the
master list to the jury administrator for inspection, reproduction, and
copying at all reasonable times.

(c) When a copy of a list maintained by a public official is
furnished, only the actual cost of the copy may be charged to the courts.

(d) The master list of names is open to the public for examination
as a public record. However, all other information other than the names
contained in the master list is confidential.

Sec. 14. (a) Names must be drawn for the jury pool
at least one (1) time each year based on a calendar year commencing
in January. Drawing of names for the first jury pool for a calendar year
must be held during the last quarter of the calendar year preceding the
calendar year for which names are being drawn, at a time and place
prescribed by the jury administrator.

(b) The number of names required to be drawn from the jury pool
for jury service must be determined by the jury administrator after
consultation with all judges of the courts who may conduct jury trials,
taking into consideration the number of jurors required for the grand
jury.

(c) The frequency of the drawing of names to be summoned for jury
service may be increased by the jury administrator if the jury
administrator determines it necessary for purposes of fairness,
efficiency, or to ensure compliance with this chapter.

(d) Names to be summoned for jury service must be drawn
randomly under section 20 of this chapter.

(e) Except by order of the supervising judge, names drawn from the
jury pool to be summoned for jury service may not be returned to the
jury pool until all nonexempt persons in the jury pool have been called.

(f) This section shall be construed liberally, to the effect that:

(1) an indictment may not be quashed; and

(2) a trial, a judgment, an order, or a proceeding may not be
reversed or held invalid;

on the ground that the terms of this section have not been followed,
unless it appears that the noncompliance was either in bad faith or was
objected to promptly upon discovery and was probably harmful to the
substantial rights of the objecting party.

[Pre-2004 Recodification Citation: 33-4-11-14.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.12.

IC 33-28-5-15Repealed

[Pre-2004 Recodification Citation: 33-4-11-15.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007,
SEC.38.

IC 33-28-5-16Juror qualification form; mailing; contents

Sec. 16. (a) Not later than seven (7) days after the
date of the drawing of names of persons to be notified of jury service
from the jury pool, the jury administrator shall provide a juror
qualification form to each person who is notified to appear for jury
service. The qualification form must be accompanied by instructions
to fill out and return the qualification form to the jury administrator
within a specified period. The instructions must advise prospective
jurors of the procedure for requesting a deferral from jury service.

(b) The juror qualification form must elicit whether the prospective
juror:

(1) is a citizen of the United States;

(2) is at least eighteen (18) years of age;

(3) is a resident of the summoning county;

(4) is able to read, speak, and understand the English language;

(5) is not suffering from any physical or mental disability that
prevents the person from rendering satisfactory jury service;

(6) is not under a guardianship because of mental incapacity;

(7) has not had the right to vote revoked by reason of a felony
conviction, unless the right to vote has been restored; or

(8) is a law enforcement officer.

The juror qualification form must contain the prospective juror's
declaration, under oath or affirmation, that the responses are true to the
best of the prospective juror's knowledge. Notarization of the juror
qualification form is not required.

(c) If a prospective juror is unable to fill out the form, another
person may fill out the form for the prospective juror. If the form is
completed by a person other than a prospective juror, the form must
indicate that another person has done so and the reason for doing so.

(d) If it appears there is an omission, ambiguity, or error in a
returned form, the jury administrator shall resend the form, instructing
the prospective juror to make the necessary addition, clarification, or
correction and to return the form to the jury administrator within a
specified period.

[Pre-2004 Recodification Citation: 33-4-11-16.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.13.

IC 33-28-5-17Failure to appear; misrepresentation

Sec. 17. (a) If a prospective juror fails to appear
under the supervising judge's order or fails to show good cause for the
failure to appear as directed by the jury administrator, the prospective
juror is subject to criminal contempt.

(b) A person who knowingly misrepresents a material fact on a juror
qualification form for the purpose of avoiding or securing service as a
juror commits a Class C misdemeanor.

[Pre-2004 Recodification Citation: 33-4-11-17.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.14.

IC 33-28-5-18Disqualification or excuse from jury service

Sec. 18. (a) The supervising judge or the jury
administrator shall determine whether a prospective juror is qualified
to serve or, if disabled but otherwise qualified, whether the prospective
juror could serve with reasonable accommodation. A person who is not
eligible for jury service may not serve. The facts supporting juror
disqualification or exemption must be recorded under oath or
affirmation. A disqualification or exemption is not authorized unless
supported by the facts. The jury administrator shall make a record of all
disqualifications.

(b) A prospective juror is disqualified to serve on a jury if any of the
following conditions exist:

(1) The person is not a citizen of the United States, at least
eighteen (18) years of age, and a resident of the county.

(2) The person is unable to read, speak, and understand the
English language with a degree of proficiency sufficient to fill out
satisfactorily a juror qualification form.

(3) The person is incapable of rendering satisfactory jury service
due to physical or mental disability. However, a person claiming
this disqualification may be required to submit a physician's or
authorized Christian Science practitioner's certificate confirming
the disability, and the certifying physician or practitioner is then
subject to inquiry by the court at the court's discretion.

(4) A guardian has been appointed for the person under IC 29-3
because the person has a mental incapacity.

(5) The person has had the right to vote revoked by reason of a
felony conviction and the right has not been restored.

(c) A person scheduled to appear for jury service has the right to
defer the date of the person's initial appearance for jury service one (1)
time upon a showing of hardship, extreme inconvenience, or necessity.
The court shall grant a prospective juror's request for deferral if the
following conditions are met:

(1) The prospective juror has not previously been granted a
deferral.

(2) The prospective juror requests a deferral by contacting the
jury administrator:

(A) by telephone;

(B) by electronic mail;

(C) in writing; or

(D) in person.

(3) The prospective juror selects another date on which the
prospective juror will appear for jury service that is:

(A) not more than one (1) year after the date upon which the
prospective juror was originally scheduled to appear; and

(B) a date when the court will be in session.

(4) The court determines that the prospective juror has
demonstrated that a deferral is necessary due to:

(A) hardship;

(B) extreme inconvenience; or

(C) necessity.

(d) A prospective juror who is at least seventy-five (75) years of age
may be exempted from jury service if the prospective juror notifies the
jury administrator that the prospective juror is at least seventy-five (75)
years of age and wishes to be exempted from jury service.

(e) A person may not serve as a petit juror in any county if the
person served as a petit juror in the same county within the previous
three hundred sixty-five (365) days in a case that resulted in a verdict.
The fact that a person's selection as a juror would violate this
subsection is sufficient cause for challenge.

(f) A grand jury, a petit jury, or an individual juror drawn for service
in one (1) court may serve in another court of the county, in accordance
with orders entered on the record in each of the courts.

(g) The same petit jurors may be used in civil cases and in criminal
cases.

(h) A person may not be excluded from jury service on account of
race, color, religion, sex, national origin, or economic status.

Sec. 20. The jury administrator shall randomly draw
names from the jury pool as needed to establish jury panels for jury
selection. Prospective jurors may not be drawn from bystanders or from
any source other than the jury pool.

[Pre-2004 Recodification Citation: 33-4-11-20.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.16.

IC 33-28-5-21Motion to stay proceedings or dismiss indictment for failure to comply
with chapter

Sec. 21. (a) Not later than seven (7) days after a
moving party discovers or by the exercise of diligence could have
discovered grounds, but before a petit jury is sworn to try a case, a
party may:

(1) in a civil case move to stay the proceedings; and

(2) in a criminal case move:

(A) to dismiss the indictment (if the case has been brought by
indictment);

(B) to stay the proceedings; or

(C) for other appropriate relief;

on the ground of substantial failure to comply with this chapter in
selecting the prospective grand or petit jurors.

(b) Upon a motion filed under subsection (a) containing a sworn
statement of facts that, if true, would constitute a substantial failure to
comply with this chapter, the moving party may present evidence in
support of the motion.

(c) If the court determines that in selecting either a grand jury or a
petit jury there has been a substantial failure to comply with this
chapter, the court:

(1) shall stay the proceedings pending the selection of the jury in
conformity with this chapter; and

(2) may dismiss an indictment (if the case was brought by
indictment) or grant other appropriate relief.

(d) The procedures required by this section are the exclusive means
by which the state, a person accused of an offense, or a party in a civil
case may challenge a jury on the ground that the jury was not selected
in conformity with this chapter.

(e) The parties to the case may inspect, reproduce, and copy the
records or papers of the jury administrator at all reasonable times
during the preparation and pendency of a motion under subsection (a).

[Pre-2004 Recodification Citation: 33-4-11-21.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.17.

IC 33-28-5-22Preservation of records; public inspection

Sec. 22. After the period of service for which names
were drawn from the master jury list has expired, and all persons
selected to serve as jurors have been discharged, all records and papers
compiled and maintained by the jury administrator or the clerk must be
preserved by the clerk of the courts for the period prescribed by rule of
the supreme court. The records and papers must be available for public
inspection at all reasonable times and in accordance with this chapter
and applicable supreme court rules.

[Pre-2004 Recodification Citation: 33-4-11-22.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,
SEC.18.

IC 33-28-5-23Completion of jury service

Sec. 23. (a) A person who appears for service as a
petit or grand juror serves until the conclusion of the first trial in which
the juror is sworn, regardless of the length of the trial or the manner in
which the trial is disposed. A person who appears for service but is not
selected and sworn as a juror completes the person's service when jury
selection is complete.

(b) Except by order of the supervising judge, a person who:

(1) serves as a juror under this chapter; or

(2) serves until jury selection is complete but is not chosen to
serve as a juror;

may not be selected for another jury panel until all nonexempt persons
in the jury pool have been called for jury duty.

Sec. 1. Except as otherwise provided in IC 33-33, this
chapter applies to standard superior courts established in IC 33-33.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.8.

IC 33-29-1-1.5Jurisdiction

Sec. 1.5. All standard superior courts have:

(1) original and concurrent jurisdiction in all civil cases and in all
criminal cases;

(2) de novo appellate jurisdiction of appeals from city and town
courts; and

(3) in Marion County, de novo appellate jurisdiction of appeals
from township small claims courts established under IC 33-34.

As added by P.L.201-2011, SEC.25.

IC 33-29-1-2Seal

Sec. 2. A standard superior court may have a seal
containing the words "________ (insert name of county in which the
court is located) Superior Court ______ (insert court number for
multiple courts), _______ (insert name of county) County, Indiana".

[Pre-2004 Recodification Citation: Various 33-33
provisions.]

As added by P.L.98-2004, SEC.8.

IC 33-29-1-3Judge; election; qualifications

Sec. 3. (a) A standard superior court judge is elected
at the general election every six (6) years in the county in which the
court is located. The judge's term begins January 1 following the
election and ends December 31 following the election of the judge's
successor.

(b) To be eligible to hold office as a judge of a standard superior
court, a person must be:

(1) has the same powers relating to the conduct of business of the
court as the judge of the circuit court of the county in which the
standard superior court is located; and

(2) may administer oaths, solemnize marriages, and take and
certify acknowledgments of deeds.

[Pre-2004 Recodification Citation: Various 33-33
provisions.]

As added by P.L.98-2004, SEC.8.

IC 33-29-1-5Bailiff and court reporter

Sec. 5. (a) The judge of a standard superior court shall
appoint a bailiff and an official court reporter for the court.

(b) The salaries of the bailiff and the official court reporter shall be:

(1) fixed in the same manner as the salaries of the bailiff and the
official court reporter for the circuit court of the county in which
the standard superior court is located; and

(2) paid monthly:

(A) out of the treasury of the county in which the standard
superior court is located; and

(B) as provided by law.

[Pre-2004 Recodification Citation: Various 33-33
provisions.]

As added by P.L.98-2004, SEC.8.

IC 33-29-1-6Clerk; books and dockets

Sec. 6. The clerk of a standard superior court, under
the direction of the judge of the court, shall provide:

(1) order books and fee books;

(2) judgment dockets and execution dockets; and

(3) other books for the court;

that must be kept separately from the books and papers of other courts.

[Pre-2004 Recodification Citation: Various 33-33
provisions.]

As added by P.L.98-2004, SEC.8.

IC 33-29-1-7Courtroom; equipment; duty of county executive

Sec. 7. (a) The county executive for the county in
which the standard superior court is located shall provide and maintain:

(1) a suitable courtroom;

(2) furniture and equipment; and

(3) other rooms and facilities;

necessary for the operation of the court.

(b) The county fiscal body shall appropriate sufficient funds for the
provision and maintenance of the items described in subdivisions (1)
through (3).

[Pre-2004 Recodification Citation: Various 33-33
provisions.]

As added by P.L.98-2004, SEC.8.

IC 33-29-1-8Juries

Sec. 8. (a) A jury in the standard superior court shall
be selected as provided in IC 33-28-5.

(b) A grand jury selected for the circuit court of the county in which
the standard superior court is located shall serve as the grand jury for
the standard superior court.

[Pre-2004 Recodification Citation: Various 33-33
provisions.]

As added by P.L.98-2004, SEC.8. Amended by P.L.118-2007,
SEC.22.

IC 33-29-1-9Transfer of cases

Sec. 9. (a) The judge of the circuit court of the county
in which the standard superior court is located may, with the consent
of the judge of the standard superior court, transfer any action or
proceeding from the circuit court to the standard superior court.

(b) The judge of a standard superior court may, with the consent of
the judge of the circuit court, transfer any action or proceeding from the
standard superior court to the circuit court of the county in which the
standard superior court is located.

[Pre-2004 Recodification Citation: Various 33-33
provisions.]

As added by P.L.98-2004, SEC.8.

IC 33-29-1-10Transfer of judges

Sec. 10. (a) The judge of the circuit court of the
county in which the standard superior court is located may, with the
consent of the judge of the standard superior court, sit as a judge of the
standard superior court in any matter as if the circuit court judge were
an elected judge of the standard superior court.

(b) The judge of a standard superior court may, with the consent of
the judge of the circuit court, sit as the judge of the circuit court of the
county in which the standard superior court is located in any matter as
if the judge of the standard superior court were the elected judge of the
circuit court.

33-29-2-10Requests by executive director of state court
administration

IC 33-29-2-1Applicability

Sec. 1. This chapter applies to each superior court that
has a standard small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-5-2-2.]

As added by P.L.98-2004, SEC.8. Amended by P.L.201-2011,
SEC.27.

IC 33-29-2-2Dockets

Sec. 2. The small claims and misdemeanor division of
the court has the following dockets:

(1) A small claims docket.

(2) A minor offenses and violations docket.

[Pre-2004 Recodification Citation: 33-5-2-3.]

As added by P.L.98-2004, SEC.8.

IC 33-29-2-3Repealed

[Pre-2004 Recodification Citation: 33-5-2-4.]

As added by P.L.98-2004, SEC.8. Repealed by P.L.1-2007,
SEC.248.

IC 33-29-2-4Jurisdiction

Sec. 4. (a) This section applies after June 30, 2005.

(b) The small claims docket has jurisdiction over the following:

(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any claim
that exceeds six thousand dollars ($6,000) in order to bring it
within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the
rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).

(3) Emergency possessory actions between a landlord and tenant
under IC 32-31-6.

Sec. 5. (a) The exceptions provided in this section to
formal practice and procedure apply to all cases on the small claims
docket.

(b) A defendant is considered to have complied with the statute and
rule requiring the filing of an answer upon entering an appearance
personally or by attorney. The appearance constitutes a general denial
and preserves all defenses and compulsory counterclaims, which may
then be presented at the trial of the cause.

(c) If, at the trial of the cause, the court determines:

(1) that the complaint is so vague or ambiguous that the defendant
was unable to determine the nature of the plaintiff's claim; or

(2) that the plaintiff is surprised by a defense or compulsory
counterclaim raised by the defendant that the plaintiff could not
reasonably have anticipated;

the court shall grant a continuance.

(d) The trial shall be conducted informally, with the sole objective
of dispensing speedy justice between the parties according to the rules
of substantive law. The trial is not bound by the statutes or rules
governing practice, procedure, pleadings, or evidence except for
provisions relating to privileged communications and offers of
compromise.

[Pre-2004 Recodification Citation: 33-5-2-5.]

As added by P.L.98-2004, SEC.8.

IC 33-29-2-6Change of venue

Sec. 6. There is no change of venue from the county
as of right in cases on the small claims docket. However, a change of
venue from the judge shall be granted as provided by statute and by
rules of the supreme court.

[Pre-2004 Recodification Citation: 33-5-2-6.]

As added by P.L.98-2004, SEC.8.

IC 33-29-2-7Jury trial; transfer to plenary docket

Sec. 7. (a) The filing of a claim on the small claims
docket is considered a waiver of trial by jury.

(b) A defendant may, not later than ten (10) days following service
of the complaint in a small claims case, demand a trial by jury by filing
an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

(c) Notice of the defendant's right to a jury trial, and the ten (10) day
period in which to file for a jury trial, shall be clearly stated on the
notice of claim or on an additional sheet to be served with the notice of
claim on the defendant.

(d) Upon the deposit of seventy dollars ($70) in the small claims
docket by the defendant, the court shall transfer the claim to the plenary
docket. Upon transfer, the claim then loses its status as a small claim.

[Pre-2004 Recodification Citation: 33-5-2-7.]

As added by P.L.98-2004, SEC.8.

IC 33-29-2-8Minor offenses and violations docket

Sec. 8. (a) The minor offenses and violations docket
has jurisdiction over the following:

Sec. 1. This chapter applies to each superior
court having a standard small claims and misdemeanor division
for which a judge of the superior court is authorized under IC 33-33 to appoint a small claims referee.

[Pre-2004 Recodification Citation:
33-5-2.5-1.]

As added by P.L.98-2004, SEC.8.

IC 33-29-3-2Times of service; qualifications

Sec. 2. (a) A small claims referee shall serve at
those times the court requires.

(b) A small claims referee:

(1) must be admitted to the practice of law in Indiana;

(2) is not required to be a resident of the county; and

(3) continues in office until removed by the judge of the
court.

[Pre-2004 Recodification Citation:
33-5-2.5-2.]

As added by P.L.98-2004, SEC.8.

IC 33-29-3-3Appointment; practice of law

Sec. 3. The appointment of the small claims
referee:

(1) must be in writing; and

(2) does not prohibit the private practice of law by the
appointee.

[Pre-2004 Recodification Citation:
33-5-2.5-3.]

As added by P.L.98-2004, SEC.8.

IC 33-29-3-4Powers

Sec. 4. A small claims referee may:

(1) administer all oaths and affirmations;

(2) take and certify affidavits and depositions;

(3) issue subpoenas for witnesses;

(4) compel the attendance of witnesses; and

(5) punish contempts;

for matters within the small claims jurisdiction of the court.

[Pre-2004 Recodification Citation:
33-5-2.5-4.]

As added by P.L.98-2004, SEC.8.

IC 33-29-3-5Duties

Sec. 5. The small claims referee shall:

(1) conduct trials of small claims cases;

(2) for cases disposed of by trial, submit written findings
of fact, conclusions of law, and recommendations for final
judgments to the judge of the court; and

(3) for cases disposed of without trial, submit a written
disposition report to the judge of the court.

[Pre-2004 Recodification Citation:
33-5-2.5-5.]

As added by P.L.98-2004, SEC.8.

IC 33-29-3-6Limiting power of court

Sec. 6. The judge of the court may:

(1) limit any of the rights or powers of the small claims
referee; and

(2) specifically determine the duties of the small claims
referee within the limits established in this chapter.

Sec. 1. In a county that has a superior court
consisting of two (2) or more judges, the court shall be divided
into rooms.

[Pre-2004 Recodification Citation: 33-5-3-1.]

As added by P.L.98-2004, SEC.8.

IC 33-29-4-2Room numbering

Sec. 2. The rooms described in section 1 of this
chapter shall be numbered consecutively, beginning with No. 1.
The judges of the courts shall be nominated and elected by
rooms. However, any one (1) judge may sit as judge in the other
rooms of the court.

Sec. 1. (a) Except as provided in subsection
(b), terms and powers described in this chapter apply to superior
courts except as otherwise provided in the particular statute
creating the superior court for a particular county.

(b) Section 7 of this chapter applies to all superior courts.

[Pre-2004 Recodification Citation:
33-5-3.5-1.]

As added by P.L.98-2004, SEC.8.

IC 33-29-5-2Terms of court

Sec. 2. (a) If a superior court consists of more
than one (1) judge, the court shall hold general and special
terms.

(b) A general term of the superior court may be held by a
majority of the judges and a special term by any one (1) or more
of the judges. General and special terms may be held at the
same time, as the judges of the court may direct. If a general or
special term is held, the terms shall be taken and considered to
have been held by the authority and direction of the judges.

[Pre-2004 Recodification Citation:
33-5-3.5-2.]

As added by P.L.98-2004, SEC.8.

IC 33-29-5-3General powers

Sec. 3. (a) The superior court, at general or
special term, may do the following:

(1) Issue and direct all process to courts of inferior
jurisdiction, and to corporations and individuals, which
shall be necessary in exercising its jurisdiction, and for the
regular execution of the law.

(2) Make all proper judgments, sentences, decrees, orders,
and injunctions.

(3) Issue all process and executions.

(4) Do other acts necessary to carry into effect subdivisions
(1) through (3) in conformity with the Constitution of the
State of Indiana and laws of Indiana.

(b) The court shall, at times as the business of the court may
require, meet in general term, and may, at any time, make a
distribution and redistribution of the business of the court to
special term, as it considers proper.

(c) Each judge holding court at special term shall transact the
business assigned to the judge. However, the judge may call one
(1) or more of the other judges of the court to sit with the judge
in special term to consider any matter pending before the judge.

(d) The court, at special term, may hear and dispose of
business distributed to it by the general term. The court may, at
special or general term:

(1) vacate or modify its own judgments or orders, rendered
at either special or general term; and

(2) enter judgments by confession, as is vested by law in
circuit courts.

[Pre-2004 Recodification Citation:
33-5-3.5-3.]

As added by P.L.98-2004, SEC.8.

IC 33-29-5-4Special powers

Sec. 4. The judges of the superior court,
individually or collectively, may do the following:

(5) Appoint other officers necessary to facilitate and
transact the business of the court as is conferred on judges
of circuit courts.

[Pre-2004 Recodification Citation:
33-5-3.5-4.]

As added by P.L.98-2004, SEC.8.

IC 33-29-5-5Change of venue; transfers to circuit court

Sec. 5. When any reason for a change of venue
is shown to exist from any of the judges, the remaining judge or
judges alone shall act. However, when all the judges are
incompetent to act, the case shall be transferred to the circuit
court of the county.

[Pre-2004 Recodification Citation:
33-5-3.5-5.]

As added by P.L.98-2004, SEC.8.

IC 33-29-5-6Direct appeals to supreme court or court of appeals

Sec. 6. (a) In all cases where a person has the
right of appeal from the circuit to the supreme court or court of
appeals, an appeal may be taken directly to the supreme court
or court of appeals from any order or judgment of the superior
court.

(b) Appeals described in subsection (a) are governed by the
law regulating appeals from the circuit court to the supreme
court or court of appeals.

(c) Appeals from the special to the general term are
abolished.

[Pre-2004 Recodification Citation:
33-5-3.5-6.]

As added by P.L.98-2004, SEC.8.

IC 33-29-5-7Superior court judges; eligibility

Sec. 7. To be eligible to hold office as a judge
of a superior court, a person must be a resident of the judicial
circuit that the judge serves.

Sec. 1. In all counties that contain circuit and
superior courts, the judge of the superior court may, upon the
judge's own motion, transfer any case filed and docketed in the
superior court to the circuit court to be redocketed and disposed
of as if originally filed with the circuit court if:

(1) any reason for change of venue from the judge of the
superior court is shown to exist as provided by law;

(2) more cases are filed in the superior court during any
term of the superior court than can be disposed of with
expedition; and

(3) in the opinion of the superior court, an early disposition
of the case is required.

[Pre-2004 Recodification Citation: 33-5-4-1.]

As added by P.L.98-2004, SEC.8.

IC 33-29-6-2Transfers from circuit court to superior court; grounds

Sec. 2. In all counties with circuit and superior
courts, the judge of the circuit court may, with the consent of
the judge of the superior court, transfer any action, cause, or
proceedings filed and docketed in the circuit court to the
superior court by transferring all original papers and
instruments filed in the action, cause, or proceeding without
further transcript to be redocketed and disposed of as if
originally filed with the superior court, provided the action,
cause, or proceeding could have been originally filed and
docketed in the superior court, in any of the following
instances:

(1) Whenever more cases are filed in the circuit court
during any year than can be disposed of with expedition.

(2) In all other cases where, in the opinion of the circuit
court judge, an early disposition of the case is required.

[Pre-2004 Recodification Citation: 33-5-4-2.]

As added by P.L.98-2004, SEC.8.

IC 33-29-6-3Transfers from superior court to circuit court; grounds

Sec. 3. In all counties with circuit and superior
courts, the judge of the superior court may, with the consent of
the judge of the circuit court, transfer any action, cause, or
proceedings filed and docketed in the superior court to the
circuit court by transferring all original papers and instruments
filed in the action, cause, or proceeding without further
transcript to be redocketed and disposed of as if originally filed
with the circuit court, in any of the following instances:

(1) Whenever more cases are filed in the superior court
during any year than can be disposed of with expedition.

(2) In all other cases where, in the opinion of the superior
court judge, an early disposition of the case is required.

[Pre-2004 Recodification Citation: 33-5-4-3.]

As added by P.L.98-2004, SEC.8.

IC 33-29-6-4Transfers to special judge

Sec. 4. Whenever a special judge has been
designated in any action, cause, or proceeding, and the special
judge is the elected qualified and acting judge of a circuit,
superior, or probate court in the county having jurisdiction of
the subject matter of the action, cause, or proceeding, the
regular judge of the court in which the action, cause, or
proceeding is pending may, after the designation of a special
judge, with the consent of the special judge, transfer the action,
cause, or proceeding to the court presided over by the special
judge by transferring all original papers and instruments filed in
the action, cause, or proceeding, without further transcript to be
redocketed and disposed of as if originally filed with the court
to which the action, cause, or proceeding is transferred.

Sec. 1. There is established a probate court in St.
Joseph County known as the St. Joseph Probate Court. The court shall
be presided over by one (1) judge to be chosen as provided in this
chapter.

[Pre-2004 Recodification Citation: 33-8-2-1.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-2Court of record; seal

Sec. 2. The court:

(1) is a court of record; and

(2) shall have a seal and device, as the judge may choose, with the
name of the county on its face. A description and impression of
the seal and device shall be spread on the order book of the court.

[Pre-2004 Recodification Citation: 33-8-2-2.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-3Judge; election; vacancies; appointment

Sec. 3. (a) The court consists of one (1) judge, to be
elected by the legal voters of the county for a term of six (6) years:

(1) beginning on the first day of January following the election of
the judge; and

(2) continuing until the successor of the judge is elected and
qualified.

The election must occur at the time of the general election every six (6)
years.

(b) The judge shall be commissioned by the governor in the same
manner as judges of the circuit court. Vacancies occurring in the office
of judge of the probate court shall be filled by appointment by the
governor, in the same manner as vacancies in the office of judge of the
circuit court.

(c) To be eligible to hold office as judge of the court, a person must
be a resident of St. Joseph County.

[Pre-2004 Recodification Citation: 33-8-2-3.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-4Clerk; sheriff

Sec. 4. The clerk of the circuit court and the sheriff of
the county where the court is organized shall be the clerk and sheriff of
the probate court. The clerk and the sheriff are each entitled to fees for
their services as are allowed in the circuit court for similar services.

[Pre-2004 Recodification Citation: 33-8-2-4.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-5Clerk and sheriff; duties and liability; application of laws

Sec. 5. (a) The sheriff shall attend the court. The clerk
and the sheriff shall discharge all the duties pertaining to their
respective offices required by law in the circuit court.

(b) All laws:

(1) prescribing the duties and liability of the officers;

(2) prescribing the mode of proceeding against either or both of
the officers for any neglect of official duty; and

(3) allowing fees and providing for the collection of the fees;

in the circuit court, extend to the probate court, as applicable.

[Pre-2004 Recodification Citation: 33-8-2-5.]

As added by P.L.98-2004, SEC.10. Amended by P.L.78-2014,
SEC.5.

IC 33-31-1-6Sessions of court

Sec. 6. The probate court shall hold sessions at the
courthouse of the county, or at any other convenient place as the court
designates in the county. The county commissioners shall provide
suitable quarters for the sessions.

[Pre-2004 Recodification Citation: 33-8-2-6.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-7Adjournment of court

Sec. 7. The judge of the court may adjourn the same
on any day previous to the expiration of the time for which it may be
held, and also from any one (1) day in the term over to any other day in
the same term, if in the opinion of the judge, the business of the court
will allow.

[Pre-2004 Recodification Citation: 33-8-2-7.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-8Trial extending beyond term of court

Sec. 8. When a trial is begun and in progress at the
time when by law, the term of the court would expire, the term shall be
extended until the close of the trial.

[Pre-2004 Recodification Citation: 33-8-2-8.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-9Jurisdiction

Sec. 9. All probate courts have:

(1) original and concurrent jurisdiction in all civil cases and in all
criminal cases;

(2) de novo appellate jurisdiction of appeals from city and town
courts; and

(3) in Marion County, de novo appellate jurisdiction of appeals
from township small claims courts established under IC 33-34.

[Pre-2004 Recodification Citations: 33-8-2-9;
33-8-2-10.]

As added by P.L.98-2004, SEC.10. Amended by P.L.201-2011,
SEC.28.

IC 33-31-1-10Repealed

[Pre-2004 Recodification Citation: 33-8-2-11.]

As added by P.L.98-2004, SEC.10. Repealed by P.L.201-2011,
SEC.115.

IC 33-31-1-11Judge acting as circuit court or superior court judge

Sec. 11. A judge of the probate court may act as
judge of any circuit court or superior court upon the trial of any cause
or proceeding, when:

(1) the judge of the circuit or superior court may be incompetent
to try the cause; or

(2) a change of venue is granted for objection to the judge.

[Pre-2004 Recodification Citation: 33-8-2-12.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-12Appointment of temporary judge

Sec. 12. (a) If the judge of the probate court is unable
to attend and preside at any term of the court, or during any part of a
term, the judge may appoint, in writing, an attorney eligible to the
office of the judge, at the term or part of the term.

(b) A written appointment shall be entered of record in the court.

(c) If the appointee is not a judge of a court of record, the appointee
shall take the same oath required by law of judges of the probate court.

(d) The appointee has the same power and authority during the
continuance of the appointment of the judge as a regularly elected
judge of the court.

[Pre-2004 Recodification Citation: 33-8-2-13.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-13Compensation of judge pro tem

Sec. 13. (a) When a person is appointed judge pro
tem under this chapter, the appointee is entitled to ten dollars ($10) for
each day the appointee serves as the judge to be paid:

(1) out of the county treasury of the county where the probate
court is held;

(2) upon the warrant of the county auditor; and

(3) based upon the filing of a claim approved by the judge of the
court.

(b) Any amount more than five hundred dollars ($500) allowed to
a judge pro tem during any year shall be deducted by the board of
county commissioners from the regular annual salary of the judge of
the probate court making the appointment unless the judge pro tem is
appointed on account of change of venue, relationship, interest as
former counsel, or absence of judge in case of serious sickness of the
judge or a family member of the judge.

[Pre-2004 Recodification Citation: 33-8-2-14.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-14Process of court

Sec. 14. The process of the court must:

(1) have the seal affixed;

(2) be attested, directed, served, and returned; and

(3) be in form as is or may be provided for process issuing from
the circuit court.

[Pre-2004 Recodification Citation: 33-8-2-15.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-15Court of record; force and effect of judgment, orders, and proceedings

Sec. 15. (a) The probate court is a court of record and
of general jurisdiction.

(b) The court's judgments, decrees, orders, and proceedings:

(1) have the same force and effect as those of the circuit court;
and

(2) shall be enforced in the same manner.

[Pre-2004 Recodification Citation: 33-8-2-16.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-16Judicial powers

Sec. 16. (a) The judge of the court:

(1) may make and adopt rules and regulations for conducting the
business of the court, not repugnant to Indiana law; and

(2) has all the power incident to a court of record and of general
original jurisdiction, in relation to the attendance of witnesses, the
punishment of contempts, and enforcing its orders.

(b) The judge of the court may:

(1) administer oaths;

(2) take and certify acknowledgments of deeds; and

(3) give all necessary certificates for the authentication of the
records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-8-2-17.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-17Dockets; books and records

Sec. 17. Under the direction of the judge, the clerk
shall provide for court order books, judgment dockets, execution
dockets, fee books, and other books, records, and supplies as may be
necessary. All books, papers, and proceedings of the court shall be kept
distinct and separate from those of other courts.

[Pre-2004 Recodification Citation: 33-8-2-18.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-18Power of judge same as circuit court

Sec. 18. The judge of the court has the same power
as the judge of the circuit court of the county to:

(1) grant restraining orders and injunctions;

(2) issue writs of habeas corpus, and of mandate and prohibition;
and

(3) appoint receivers, master commissioners for the examination
of witnesses, and other officers necessary to facilitate and transact
the business of the court.

[Pre-2004 Recodification Citation: 33-8-2-19.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-19Appeals

Sec. 19. A party may appeal to the supreme court or
the court of appeals from the order or judgment of the probate court in
any case in which an appeal may be had from an order or judgment of
the circuit court. The appeal shall be regulated by the law regulating
appeals from the circuit court to the court of appeals and the supreme
court, so far as applicable. An appeal may also be taken to the court of
appeals and the supreme court in the same manner and in like cases as
from circuit courts.

[Pre-2004 Recodification Citation: 33-8-2-20.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-20Docket fees

Sec. 20. (a) The same docket fees shall be taxed in
the court as are provided by law to be taxed in the circuit court.

(b) The fees, when collected, shall be paid by the clerk to the
treasurer of the county to be applied in reimbursing the county for
expenses of the court.

[Pre-2004 Recodification Citation: 33-8-2-21.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-21Judge's salary

Sec. 21. (a) The salary of the judge of the probate
court shall be the same as that of the judge of the circuit court of the
county. The salary of the judge and the compensation of a judge pro
tempore shall be paid in the same manner and from the same sources
as the judge of the circuit court or judges pro tempore of the court.

(b) A full-time judge of a probate court may not be paid
compensation for serving as a special judge, except for reasonable
expenses for meals, lodging, travel, and other incidental expenses
approved by the executive director of the division of state court
administration.

[Pre-2004 Recodification Citation: 33-8-2-22.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-22Appointment of clerk and other employees

Sec. 22. The probate court may appoint a chief clerk
and other employees as the judge considers necessary whose salaries
shall be fixed by the judge and be paid out of the county treasury.

[Pre-2004 Recodification Citation: 33-8-2-23.]

As added by P.L.98-2004, SEC.10.

IC 33-31-1-23Repealed

[Pre-2004 Recodification Citation: 33-8-2-24.]

As added by P.L.98-2004, SEC.10. Repealed by P.L.201-2011,
SEC.115.

IC 33-31-1-24Magistrates

Sec. 24. The judge of the St. Joseph probate court
may appoint three (3) full-time magistrates under IC 33-23-5. The
magistrates continue in office until removed by the judge.

Sec. 1. This chapter applies to each probate court that
has a standard small claims and misdemeanor division.

As added by P.L.201-2011, SEC.30.

IC 33-31-2-2Dockets

Sec. 2. The small claims and misdemeanor division of
the court has the following dockets:

(1) A small claims docket.

(2) A minor offenses and violations docket.

As added by P.L.201-2011, SEC.30.

IC 33-31-2-3Small claims docket; jurisdiction

Sec. 3. The small claims docket has jurisdiction over
the following:

(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any claim
that exceeds six thousand dollars ($6,000) in order to bring it
within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the
rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).

(3) Emergency possessory actions between a landlord and tenant
under IC 32-31-6.

As added by P.L.201-2011, SEC.30.

IC 33-31-2-4Exceptions to formal practice and procedure

Sec. 4. (a) The exceptions provided in this section to
formal practice and procedure apply to all cases on the small claims
docket.

(b) A defendant is considered to have complied with the statute and
rule requiring the filing of an answer upon entering an appearance
personally or by attorney. The appearance constitutes a general denial
and preserves all defenses and compulsory counterclaims, which may
then be presented at the trial of the case.

(c) If, at the trial of the case, the court determines:

(1) that the complaint is so vague or ambiguous that the defendant
was unable to determine the nature of the plaintiff's claim; or

(2) that the plaintiff is surprised by a defense or compulsory
counterclaim raised by the defendant that the plaintiff could not
reasonably have anticipated;

the court shall grant a continuance.

(d) The trial shall be conducted informally, with the objective of
dispensing speedy justice between the parties according to the rules of
substantive law. The trial is not bound by the statutes or rules
governing practice, procedure, pleadings, or evidence except for
provisions relating to privileged communications and offers of
compromise.

As added by P.L.201-2011, SEC.30.

IC 33-31-2-5Change of venue

Sec. 5. There is no change of venue from the county
as of right in cases on the small claims docket. However, a change of
venue from the judge shall be granted as provided by statute and by
rules of the supreme court.

As added by P.L.201-2011, SEC.30.

IC 33-31-2-6Trial by jury

Sec. 6. (a) The filing of a claim on the small claims
docket is considered a waiver of trial by jury.

(b) The defendant may, not later than ten (10) days following
service of the complaint in a small claims case, demand a trial by jury
by filing an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

(c) Notice of the defendant's right to a jury trial, and the ten (10) day
period in which to file for a jury trial, must be clearly stated on the
notice of claim or on an additional sheet to be served with the notice of
claim on the defendant.

(d) Upon the deposit of seventy dollars ($70) in the small claims
docket by the defendant, the court shall transfer the claim to the plenary
docket. Upon transfer, the claim then loses its status as a small claim.

As added by P.L.201-2011, SEC.30.

IC 33-31-2-7Minor offenses and violations docket; jurisdiction

Sec. 7. (a) The minor offenses and violations docket
has jurisdiction over the following:

(1) All Level 6 felony cases.

(2) All misdemeanor cases.

(3) All infraction cases.

(4) All ordinance violation cases.

(b) The court shall establish a traffic violations bureau in the
manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.

As added by P.L.201-2011, SEC.30. Amended by P.L.158-2013,
SEC.339.

IC 33-31-2-8Court sessions

Sec. 8. (a) The court shall provide by rule for an
evening session to be held once each week.

(b) The court shall hold additional sessions in the evening and on
holidays as necessary to ensure the just, speedy, and inexpensive
determination of every action.

As added by P.L.201-2011, SEC.30.

IC 33-31-2-9Division of state court administration requests

Sec. 9. The court shall comply with all requests made
under IC 33-24-6-3 by the executive director of the division of state
court administration concerning the small claims and misdemeanor
division.

Sec. 1. In a county having one (1) or more superior
courts or a county, municipal, or probate court, the clerk shall serve as
clerk of the superior, county, and probate court as well as clerk of the
circuit court.

[Pre-2004 Recodification Citation: 33-17-1-1.]

As added by P.L.98-2004, SEC.11.

IC 33-32-2-2Election; term

Sec. 2. A clerk of the circuit court shall be elected
under IC 3-10-2-13 by the voters of each county. The term of office of
a clerk is four (4) years, continuing until a successor is elected and
qualified.

[Pre-2004 Recodification Citation: 33-17-1-2.]

As added by P.L.98-2004, SEC.11.

IC 33-32-2-3Bond

Sec. 3. In the manner prescribed by IC 5-4-1, the clerk
of each county shall execute a bond conditioned upon:

(1) the faithful discharge of the duties of the clerk's office; and

(2) the proper payment of all money received by the office of the
clerk.

[Pre-2004 Recodification Citation: 33-17-1-3.]

As added by P.L.98-2004, SEC.11.

IC 33-32-2-4Clerk's office

Sec. 4. (a) The board of county commissioners shall
provide the clerk with an office at the county seat in a building
provided for that purpose.

(b) The clerk shall keep the office open on every day of the year
except on Sundays and legal holidays. However, the clerk:

(1) shall keep the office of the clerk open on those days and times
necessary for the proper administration of the election statutes;
and

(2) may close the office on those days that the judge of the circuit
court orders the court closed in accordance with the custom and
practice of the county.

(c) Any legal action required to be taken in the office of the clerk
during the time the office is closed under this section may be taken on
the next following day the office is open.

[Pre-2004 Recodification Citation: 33-17-1-5.]

As added by P.L.98-2004, SEC.11.

IC 33-32-2-5Administering of oaths

Sec. 5. A clerk may administer all oaths.

[Pre-2004 Recodification Citation: 33-17-1-7.]

As added by P.L.98-2004, SEC.11.

IC 33-32-2-6Duties concerning elections

Sec. 6. A clerk shall carry out the duties prescribed for
a clerk in IC 3 concerning elections.

[Pre-2004 Recodification Citation: 33-17-1-8.]

As added by P.L.98-2004, SEC.11.

IC 33-32-2-7Table of fees

Sec. 7. A clerk shall post in a conspicuous place in the
clerk's office a table of the clerk's fees. If a clerk fails to post a table of
fees, a clerk may not demand or receive fees for services rendered.

[Pre-2004 Recodification Citation: 33-17-1-6.]

As added by P.L.98-2004, SEC.11.

IC 33-32-2-8Purchase of judgment, decree, or allowance prohibited

Sec. 8. The clerk may not become the purchaser of any
judgment, decree, or allowance of any court of which the clerk is an
officer. All these purchases are void as to the purchaser.

[Pre-2004 Recodification Citation: 33-17-1-9.]

As added by P.L.98-2004, SEC.11.

IC 33-32-2-9Required training courses

Sec. 9. (a) As used in this section, "training courses"
refers to training courses related to the office of circuit court clerk that
are compiled or developed by the Association of Indiana Counties and
approved by the state board of accounts.

(b) An individual elected to the office of circuit court clerk after
November 2, 2010, shall complete at least:

(1) fifteen (15) hours of training courses within one (1) year; and

(2) forty (40) hours of training courses within three (3) years;

after the individual is elected to the office of circuit court clerk.

(c) A training course that an individual completes:

(1) after being elected to the office of circuit court clerk; and

(2) before the individual begins serving in the office of circuit
court clerk;

shall be counted toward the requirements under subsection (b).

(d) An individual shall fulfill the training requirements established
by subsection (b) for each term to which the individual is elected as
circuit court clerk.

(e) This subsection applies only to an individual appointed to fill a
vacancy in the office of circuit court clerk. An individual described in
this subsection may, but is not required to, take training courses
required by subsection (b). If an individual described in this subsection
takes a training course required by subsection (b) for an elected circuit
court clerk, the county shall pay for the training course as if the
individual had been an elected circuit court clerk.

As added by P.L.45-2010, SEC.1. Amended by P.L.279-2013,
SEC.1.

IC 33-32-2-9.2Personal liability of clerk

Sec. 9.2. (a) A clerk is not personally liable for any
act or omission occurring in connection with the performance of the
clerk's official duties, unless the act or omission constitutes gross
negligence or an intentional disregard of the responsibilities of the
office of clerk.

(b) The fact that a clerk is not personally liable under subsection (a)
does not preclude an action against the clerk's bond based on an error
or omission committed by the clerk.

As added by P.L.60-2010, SEC.2.

IC 33-32-2-10Required mailings

Note: This version of section amended by P.L.41-2015, SEC.1. See
also following version of this section amended by P.L.191-2015,
SEC.11.

Sec. 10. (a) The following definitions apply
throughout this section:

(1) "Initial mailing" means the service of a complaint, pleading,
or similar document on a party upon the commencement of an
action. The term does not include any subsequent service,
including subsequent service on a party who could have been or
should have been served at the commencement of the action.

(2) "Registered or certified mail" includes any means of delivery
that provides a return receipt.

(b) This section applies whenever the clerk is required to send by
registered or certified mail a document filed with a court.

(c) The initial mailing of the document by registered or certified
mail sent:

(1) to not more than two (2) parties who are required to receive
the mailing; and

(d) If a person requests the clerk to send a mailing by registered or
certified mail after the initial mailing described in subsection (c) or to
an additional person or party beyond the two (2) parties described in
subsection (c), the person shall provide the clerk with the following:

(1) An envelope with sufficient postage affixed, addressed to the
recipient with the address of the clerk's office as the return
address.

(2) The United States Postal Service or other forms for registered
or certified mail. If return receipt is requested, the forms must be
completed so that the clerk's office receives the return receipt.

(3) The United States Postal Service or other fee for the
appropriate service by registered or certified mail and return
receipt, if requested.

The clerk may not collect any additional fee for sending a mailing.

(e) In a county where court postage costs are paid by the clerk's
office, the amount collected by the clerk for additional mailings by
registered or certified mail shall be deposited into the clerk's record
perpetuation fund established under IC 33-37-5-2. In a county where
court postage costs are paid out of the county general fund, the amount
collected by the clerk for additional mailings by registered or certified
mail shall be returned to the county general fund.

As added by P.L.78-2014, SEC.6. Amended by P.L.41-2015,
SEC.1.

IC 33-32-2-10Use of registered or certified mail

Note: This version of section amended by P.L.191-2015, SEC.11.
See also preceding version of this section amended by P.L.41-2015,
SEC.1.

Sec. 10. (a) This section applies whenever the clerk
is required to send by registered or certified mail a document filed with
a court.

(b) The initial mailing of the document by registered or certified
mail sent:

Sec. 1. (a) The clerk shall endorse the time of filing on
each writing required to be filed in the office of the clerk.

(b) The clerk shall carefully preserve in the office of the clerk all
records and writings pertaining to the clerk's official duties.

(c) The clerk shall procure, at the expense of the county, all
necessary judges' appearance, bar, judgment, and execution dockets,
order books, and final record books.

(d) The clerk shall enter in proper record books all orders,
judgments, and decrees of the court.

(e) Not more than fifteen (15) days after the cases are finally
determined, the clerk shall enter in final record books a complete
record of:

(1) all cases involving the title to land;

(2) all criminal cases in which the punishment is death or
imprisonment, except where a nolle prosequi is entered or an
acquittal is had; and

(3) all other cases, at the request of either party and upon payment
of the costs.

[Pre-2004 Recodification Citation: 33-17-2-1.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014,
SEC.7.

IC 33-32-3-2Judgment dockets

Sec. 2. (a) The clerk:

(1) shall keep:

(A) a circuit court judgment docket; and

(B) a judgment docket for each court served by the clerk under
IC 33-32-2-1; and

(2) is the official keeper of:

(A) the circuit court judgment docket; and

(B) the judgment docket for each court served by the clerk
under IC 33-32-2-1.

(b) A judgment docket described in subsection (a):

(1) must contain:

(A) all civil judgments in which one (1) party owes money to
another party, including any court costs awarded to a judgment
creditor; and

(B) any entry that is required by a statute; and

(2) may not include:

(A) judgments in which money is owed by a person to a state,
a county, or another governmental entity as a result of:

(i) a criminal conviction; or

(ii) a violation of an infraction or ordinance; or

(B) judgments in which the state, a county, or another
governmental entity is the sole creditor, except for:

(i) cases in which the state obtains a judgment for unpaid
taxes; or

(ii) any entry that is required by statute.

(c) The clerk may keep a judgment docket in:

(1) an electronic format;

(2) a paper format; or

(3) both an electronic and a paper format.

(d) Upon the filing in the office of the clerk a statement or transcript
of any judgment for the recovery of money or costs, the clerk shall
enter, and index in alphabetical order, in this judgment docket a
statement of the judgment showing the following:

(1) The names of all the parties.

(2) The name of the court.

(3) The number of the cause.

(4) The book and page of the record in which the judgment is
recorded.

(5) The date the judgment is entered and indexed.

(6) The date of the rendition of judgment.

(7) The amount of the judgment and the amount of costs.

(e) If a judgment is against several persons, the statement required
to be entered under subsection (d) shall be repeated under the name of
each judgment debtor in alphabetical order.

(f) A person interested in any judgment for money or costs that has
been rendered by any state court, or by any federal court of general
original jurisdiction sitting in Indiana, may have the judgment entered
upon the circuit court judgment docket by filing with the clerk:

(1) a verified statement setting forth the facts required under
subsection (d); or

(2) a verified copy of the judgment certified under the seal of the
court that rendered the judgment.

(g) The judgment docket shall be made available for public
inspection at the office of the clerk during regular office hours. If a
judgment docket is kept in an electronic format:

(1) the judgment docket must be searchable; and

(2) a member of the public must be able to:

(A) search the judgment docket for the name of a specific party;
and

(B) obtain a list of all judgments in the judgment docket
concerning the party.

(h) If the wages of a judgment debtor are being garnished, a clerk is
not required to notify the employer of the judgment debtor to suspend
the garnishment after the judgment is satisfied. A request to suspend
the garnishment must be submitted by the judgment debtor to the court
that rendered the judgment. The clerk is not required to take any action
under this subsection concerning a garnishment other than to obey the
orders of the court that rendered the judgment.

Sec. 3. The circuit court judgment docket is a public
record that is open during the usual hours of transacting business for
examination by any person.

[Pre-2004 Recodification Citation: 33-17-2-4.]

As added by P.L.98-2004, SEC.11.

IC 33-32-3-4Entering judgments and releases

Sec. 4. A clerk shall:

(1) enter a judgment or recognizance not more than fifteen (15)
days after its rendition; or

(2) cause a release of judgment to be entered on the judgment
docket not more than fifteen (15) days after satisfaction of the
judgment.

[Pre-2004 Recodification Citation: 33-17-2-5.]

As added by P.L.98-2004, SEC.11.

IC 33-32-3-5Execution docket

Sec. 5. (a) The clerk shall keep an execution docket.

(b) The clerk shall enter all executions on the execution docket as
they are issued by the clerk, specifying in proper columns the following
information:

(1) The names of the parties.

(2) The amount of the judgment and the interest due upon the
issuing of the execution.

(3) The costs.

The clerk shall also prepare an additional column in which the clerk
shall enter the return of the sheriff.

(c) The execution docket entries may be inspected and copied under
IC 5-14-3-3.

(d) The clerk may keep an execution docket:

(1) in hard copy form; or

(2) in electronic form, if all information in the execution docket
is available to the public to inspect or copy in the electronic form.

[Pre-2004 Recodification Citation: 33-17-2-6.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014,
SEC.9.

IC 33-32-3-6Monthly reports; certified copies; forms

Sec. 6. (a) Before the twenty-fifth day of each month,
the clerk shall prepare a report showing as of the close of business on
the last day of the preceding month the following information:

(1) The balance, if any, of fees payable to the county.

(2) Fees collected for fish and game licenses.

(3) Trust funds held, including payments collected for support.

(4) The total of the balances of all fees and funds.

(5) The record balance of money in each depository at the end of
the month.

(6) The cash in the office at the close of the last day of the month.

(7) Any other items for which the clerk of the circuit court is
entitled to credit.

(8) The total amount of cash in each depository at the close of
business on the last day of the month.

(9) The total of checks issued against each depository that are
outstanding at the end of the month and unpaid by the
depositories.

(b) The clerk shall:

(1) retain one (1) copy as a public record of the clerk's office; and

(2) file three (3) copies with the county auditor, who shall:

(A) present one (1) copy to the board of commissioners of the
county at its next regular meeting; and

(B) transmit one (1) copy to the state board of accounts.

Each copy of the report must be verified by the certification of the
clerk. The clerk shall file the original with the county auditor, who shall
file it with the records of the county board of finance.

(c) The state board of accounts shall prescribe forms for the clerk's
monthly reports.

[Pre-2004 Recodification Citation: 33-17-2-8.]

As added by P.L.98-2004, SEC.11.

IC 33-32-3-7Register of fees

Sec. 7. (a) The clerk shall keep a register of witness
fees and other court fees.

(b) When the clerk receives money in payment of court fees or fees
for a witness or any other person, the clerk shall make an entry into the
register recording the receipt of the payment.

(c) The register must contain the following information:

(1) The names, in alphabetical order, of persons for whom
payment has been received.

(2) The cause for which the fee is paid.

(3) In which fee book and on which page the fee is taxed.

(4) The amount paid.

(5) When the fee was paid in and when it was paid out.

(d) The register must be available for inspection at all times. The
clerk may keep the register:

(1) in hard copy form, in a conspicuous place in the clerk's office;
or

(2) in electronic form, if all information in the register is available
to the public to inspect or copy in the electronic form.

[Pre-2004 Recodification Citation: 33-17-2-9.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014,
SEC.10.

IC 33-32-3-8Delivery of records, books, and papers to successor

Sec. 8. At the end of the clerk's term, the clerk shall
deliver to the clerk's successor all the records, books, and papers
belonging to the clerk's office.

[Pre-2004 Recodification Citation: 33-17-2-11.]

As added by P.L.98-2004, SEC.11.

IC 33-32-3-9Appropriation for blank books and stationery

Sec. 9. The county council shall appropriate
reasonable sums to the clerk for necessary blank books and stationery.

Sec. 1. As used in this chapter, "electronic funds
transfer" means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, that is initiated
through an electronic terminal, a telephone, or a computer or magnetic
tape for the purpose of ordering, instructing, or authorizing a financial
institution to debit or credit an account.

[Pre-2004 Recodification Citation: 33-17-1-4.1.]

As added by P.L.98-2004, SEC.11.

IC 33-32-4-2"Indiana support enforcement tracking system (ISETS)"

Sec. 2. (a) As used in this chapter, "Indiana support
enforcement tracking system (ISETS)" refers to the statewide
automated system for the collection, disbursement, and distribution of
child support payments established by the department of child services.

(b) As used in this chapter, "successor statewide automated support
enforcement system" means a statewide automated system for the
collection, disbursement, and distribution of child support payments
established by the department of child services.

Sec. 2.5. The Indiana support enforcement tracking
system (ISETS) or the successor statewide automated support
enforcement system is the official record of the collection,
disbursement, and distribution of child support payments as required
under 42 U.S.C. 654.

As added by P.L.128-2012, SEC.178.

IC 33-32-4-3Receipt of funds

Sec. 3. The clerk may receive funds:

(1) in payment of judgments; and

(2) ordered to be paid into the court by the judge.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.

IC 33-32-4-4Clerk's liability

Sec. 4. Except as provided in sections 5 and 8 of this
chapter, the clerk is liable, with the clerk's sureties, on the clerk's
official bond for all funds received to any person who is entitled to
demand and receive those funds from the clerk.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.

IC 33-32-4-5State central collection unit and clerk not liable

Sec. 5. The state central collection unit is not liable
and the clerk is not personally liable or liable in the clerk's official
capacity on the clerk's official bond for funds received if the state
central collection unit or the clerk:

(1) through error or in accordance with the best information
available to the state central collection unit or the clerk, disbursed
the funds to a person the state central collection unit or the clerk
reasonably believed to be entitled to receive the funds and to
comply with a:

(A) child support order; or

(B) garnishment order;

(2) inappropriately disbursed or misapplied child support funds,
arising without the knowledge or approval of the state central
collection unit or the clerk, that resulted from:

(A) an action by an employee of, or a consultant to, the
department of child services or the Title IV-D agency;

(B) an ISETS or the successor statewide automated support
enforcement system technological error; or

(C) information generated by ISETS or the successor statewide
automated support enforcement system;

(3) disbursed funds that the state central collection unit or the
clerk reasonably believed were available for disbursement but that
were not actually available for disbursement;

(4) disbursed child support funds paid to the central collection
unit by a personal check that was later dishonored by a financial
institution; and

Sec. 6. If the state central collection unit or the clerk
improperly disburses funds in the manner described by section 5 of this
chapter, the state central collection unit or the clerk shall do the
following:

(2) Credit each account from which funds were improperly
disbursed with the amount of funds improperly disbursed under
section 5 of this chapter.

(3) Notify the prosecuting attorney of the county of:

(A) the amount of the improper disbursement;

(B) the person from whom the amount of the improper
disbursement should be collected; and

(C) any other information to assist the prosecuting attorney to
collect the amount of the improper disbursement.

(4) Record each action taken under this subsection on a form
prescribed by the state board of accounts.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11. Amended by P.L.148-2006,
SEC.32.

IC 33-32-4-7Reimbursement

Sec. 7. If:

(1) fees collected under IC 33-37-5-6 are credited to an account
under section 6(2) of this chapter because a check or money order
was dishonored by a financial institution or was the subject of a
stop payment order; and

(2) a person subsequently pays to the clerk all or part of the
amount of the check or money order that was dishonored or the
subject of a stop payment order;

the clerk must reimburse the account containing fees collected under
IC 33-37-5-6 using the amount the person paid to the clerk.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.

IC 33-32-4-8Dishonored checks

Sec. 8. The clerk is not personally liable for the
amount of a dishonored check, for penalties assessed against a
dishonored check, or for financial institution charges relating to a
dishonored check, if:

(1) the check was tendered to the clerk for the payment of a:

(A) fee;

(B) court ordered payment; or

(C) license; and

(2) the acceptance of the check was not an act or omission
constituting gross negligence or an intentional disregard of the
responsibilities of the office of clerk.

Sec. 1. (a) For issuing a marriage license under
IC 31-11-4, the clerk shall collect a fee of ten dollars ($10). The
clerk shall pay these fees to the treasurer of state, who shall
deposit the money in the state user fee fund established by IC 33-37-9-2.

(b) For issuing a marriage certificate under IC 31-11-4, the
clerk shall collect the following fee:

(1) Eight dollars ($8), if at least one (1) of the individuals
is a resident of Indiana.

(2) Fifty dollars ($50), if neither of the individuals is a
resident of Indiana.

When collected, these fees shall be deposited in the general
fund of the county.

Sec. 2. (a) There is established a court of record
to be known as the Adams superior court.

(b) The Adams superior court is a standard superior court as
described in IC 33-29-1.

(c) Adams County comprises the judicial district of the court.

[Pre-2004 Recodification Citation:
33-5-4.5-1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-1-3Judge; location of court sessions

Sec. 3. The Adams superior court has one (1)
judge who shall hold sessions in the Adams County courthouse
in Decatur, or in other places in the county as the board of
county commissioners of Adams County may provide.

Sec. 3. The judge of the Allen circuit court may
appoint two (2) full-time magistrates under IC 33-23-5. A magistrate
continues in office until removed by the judge.

[Pre-2004 Recodification Citation: 33-4-1-2.1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.39-2012,
SEC.1.

IC 33-33-2-4Repealed

[Pre-2004 Recodification Citation: 33-4-1-2.8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011,
SEC.31. Repealed by P.L.39-2012, SEC.2.

IC 33-33-2-5Establishment of superior court

Sec. 5. (a) There is established a superior court in
Allen County.

(b) The superior court shall be known as the Allen superior court.

(c) The Allen superior court is a court of record, and its judgments,
decrees, orders, and proceedings have the same force and effect and
shall be enforced in the same manner as those of the Allen circuit
court.

Sec. 6. The Allen superior court shall have a seal
consisting of a circular disk containing the words, "Allen Superior
Court", "Indiana", and "Seal", in a design as the court may determine.
An impression of the seal shall be spread of record upon the order book
of the superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-3.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-7Location of superior court sessions

Sec. 7. (a) The Allen superior court shall hold its
sessions in:

(1) the Allen County courthouse in Fort Wayne; and

(2) in other places in Allen County as the court may determine.

(b) The board of county commissioners of Allen County shall
provide and maintain in the courthouse and at other places in Allen
County as the court may determine:

(1) suitable and convenient courtrooms for the holding of the
court;

(2) suitable and convenient jury rooms and offices for the judges
and other court officers and personnel; and

(3) other facilities as may be necessary.

(c) The board of county commissioners of Allen County shall also
provide all necessary furniture and equipment for rooms and offices of
the court.

A newly elected or appointed judge assumes the division assignment
of the judge whom the judge replaces.

(b) If in the opinion of a majority of the judges there is an undue
disparity in the number of cases in any division, the chief judge may
assign specific cases normally assigned to that division to a judge in
another division as directed by a majority of the judges.

(c) Not later than December 31 of the year immediately preceding
a year in which the office of judge of the Allen superior court will be
on the ballot, the clerk of the circuit court shall file with the election
division a list containing the name, the division assignment, and the
court number assigned by the roster of judicial officers maintained by
the Supreme Court of Indiana, Division of State Court Administration,
for each judge of the Allen superior court.

(d) During the period under IC 3-8-2-4 in which a declaration of
candidacy may be filed for a primary election, any person desiring to
become a candidate for one (1) of the Allen superior court judgeships
must file with the election division a declaration of candidacy adapted
from the form prescribed under IC 3-8-2 that:

(1) is signed by the candidate; and

(2) designates the division and the court number of the judgeship
that the candidate seeks.

(e) A petition without the designation required under subsection (c)
shall be rejected by the election division (or by the Indiana election
commission under IC 3-8-1-2).

(f) If an individual who files a declaration under subsection (d)
ceases to be a candidate after the final date for filing a declaration
under subsection (d), the election division may accept the filing of
additional declarations of candidacy for that seat not later than noon on
August 1.

[Pre-2004 Recodification Citation: 33-5-5.1-29.]

As added by P.L.98-2004, SEC.12. Amended by P.L.169-2015,
SEC.166.

IC 33-33-2-9Judicial candidates; terms

Sec. 9. (a) All candidates for each respective Allen
superior court judgeship shall be listed on the general election ballot in
the form prescribed by IC 3-11, without party designation. The
candidate receiving the highest number of votes for each judgeship
shall be elected to that office.

(b) IC 3, except where inconsistent with this chapter, applies to
elections held under this chapter.

(c) The term of each Allen superior court judge:

(1) begins January 1 following election and ends December 31
following the election of a successor; and

(2) is six (6) years.

[Pre-2004 Recodification Citation: 33-5-5.1-29.1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.33.

IC 33-33-2-10Candidate for judge; qualifications

Sec. 10. (a) To qualify as a candidate for Allen
superior court judge, a person:

(1) must be a citizen of the United States domiciled in Allen
County;

(2) must have at least five (5) years active practice of law,
including cases involving matters assigned to the division in
which the person would serve as judge;

(3) may not previously have had any disciplinary sanction
imposed upon the person by the supreme court disciplinary
commission of Indiana or any similar body in another state; and

(4) may not previously have been convicted of any felony.

(b) If a person does not qualify under subsection (a), the person may
not be listed on the ballot as a candidate. However, an individual who
was a judge of the court on January 1, 1984, does not have to comply
with subsection (a)(2).

[Pre-2004 Recodification Citation: 33-5-5.1-29.3.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-11Limits on acceptance of contributions

Sec. 11. A judge or candidate for judge of the Allen
superior court may not:

(1) accept a contribution (as defined in IC 3-5-2-15) from any
political party, political action committee (as defined in IC 3-5-2-37), or regular party committee (as defined in IC 3-5-2-42);
or

(2) accept more than a total of ten thousand dollars ($10,000) in
contributions from all sources to pay expenses connected with the
candidate's candidacy.

[Pre-2004 Recodification Citation: 33-5-5.1-29.5.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-12Rules and regulations; incidental powers of judges

Sec. 12. (a) The Allen superior court:

(1) may make and adopt rules and regulations for conducting the
business of the court, not repugnant to Indiana laws and the rules
of the supreme court; and

(2) has all the powers incident to a court of record in relation to
the attendance of witnesses, the punishment of contempts, and the
enforcement of its orders.

(b) The judges of the superior court may administer oaths,
solemnize marriages, take and certify acknowledgments of deeds, and
all legal instruments, and give all necessary certificates for the
authentication of the records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-5-5.1-6.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-13Orders, writs, appointments, and commissions

Sec. 13. The Allen superior court may:

(1) grant restraining orders and injunctions;

(2) issue writs of habeas corpus;

(3) appoint receivers, masters, and commissioners to convey real
property and to grant commissions for the examination of
witnesses; and

(4) appoint other officers necessary to facilitate and transact the
business of the court;

as conferred on circuit courts or the judges of circuit courts.

[Pre-2004 Recodification Citation: 33-5-5.1-7.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-14Personnel

Sec. 14. (a) The Allen superior court may appoint
probate commissioners, juvenile referees, bailiffs, court reporters,
probation officers, and other personnel, including an administrative
officer, the court believes are necessary to facilitate and transact the
business of the court.

(b) In addition to the personnel authorized under subsection (a) and
IC 31-31-3, the following magistrates may be appointed:

(1) The judges of the Allen superior court-civil division may
jointly appoint not more than four (4) full-time magistrates under
IC 33-23-5 to serve the Allen superior court-civil division. The
judges of the Allen superior court-civil division may jointly assign
any magistrates the duties and powers of a probate commissioner.

(2) The judge of the Allen superior court-criminal division may
jointly appoint not more than three (3) full-time magistrates under
IC 33-23-5 to serve the Allen superior court-criminal division.
Any magistrate serves at the pleasure of, and continues in office
until jointly removed by, the judges of the division that appointed
the magistrate.

(c) All appointments made under this section must be made without
regard to the political affiliation of the appointees. The salaries of the
personnel shall be fixed and paid as provided by law. If the salaries of
any of the personnel are not provided by law, the amount and time of
payment of the salaries shall be fixed by the court, to be paid out of the
county treasury by the county auditor, upon the order of the court, and
be entered of record. The officers and persons appointed shall perform
duties as are prescribed by the court. Any administrative officer
appointed by the court shall operate under the jurisdiction of the chief
judge and serve at the pleasure of the chief judge. Any probate
commissioners, magistrates, juvenile referees, bailiffs, court reporters,
probation officers, and other personnel appointed by the court serve at
the pleasure of the court.

(d) Any probate commissioner appointed by the court may be vested
by the court with all suitable powers for the handling and management
of the probate and guardianship matters of the court, including the
fixing of all bonds, the auditing of accounts of estates and
guardianships and trusts, acceptance of reports, accounts, and
settlements filed in the court, the appointment of personal
representatives, guardians, and trustees, the probating of wills, the
taking and hearing of evidence on or concerning such matters, or any
other probate, guardianship, or trust matters in litigation before the
court, the enforcement of court rules and regulations, the making of
reports to the court concerning the probate commissioner's actions
under this subsection, including the taking and hearing of evidence
together with the commissioner's findings and conclusions regarding
the evidence. However, all matters under this subsection are under the
final jurisdiction and decision of the judges of the court.

(e) A juvenile referee appointed by the court may be vested by the
court with all suitable powers for the handling and management of the
juvenile matters of the court, including the fixing of bonds, the taking
and hearing of evidence on or concerning any juvenile matters in
litigation before the court, the enforcement of court rules and
regulations, and the making of reports to the court concerning the
referee's actions under this subsection. The actions of a juvenile referee
under this subsection are under final jurisdiction and decision of the
judges of the court.

(f) A probate commissioner or juvenile referee may:

(1) summon witnesses to testify before the commissioner or
juvenile referee; and

(2) administer oaths and take acknowledgments;

to carry out the commissioner's or juvenile referee's duties and powers.

Sec. 17. (a) The sheriff shall attend the Allen
superior court. The clerk and the sheriff shall discharge all the duties
pertaining to their respective offices as they are required to do by law
in the circuit court.

(b) All laws prescribing the duties and liabilities of clerk and sheriff
and the mode of proceeding against them, or either of them, for neglect
of official duty, allowing fees, and providing for the collection fees in
the circuit court, apply to the Allen superior court.

(c) In a case in the Allen superior court based upon a violation of a
city ordinance where fines or forfeitures are adjudged against a party:

(1) the fines or forfeitures shall be paid to and collected by the
clerk and regularly remitted to the city clerk of the city that issued
the ordinance; and

(2) the city clerk shall disburse the fines or forfeitures as required
by law.

Payment of fines for admitted parking violations shall be made to the
city clerk of the city that issued the ordinances concerning parking
violations.

[Pre-2004 Recodification Citation: 33-5-5.1-12.]

As added by P.L.98-2004, SEC.12. Amended by P.L.78-2014,
SEC.11.

IC 33-33-2-18Record books and dockets

Sec. 18. The clerk, under the direction of the Allen
superior court, shall provide:

(1) order books;

(2) judgment dockets;

(3) execution dockets;

(4) fee books; and

(5) other books, papers, and records;

as are necessary for the court. All books, papers, and proceedings of the
court shall be kept distinct and separate from those of other courts.

[Pre-2004 Recodification Citation: 33-5-5.1-14.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-19Single order book

Sec. 19. The Allen superior court shall maintain a
single order book for the entire court. The order book may be signed on
behalf of the court by any of the judges of the court. The signature
constitutes authentication of the actions of each judge in the court.

[Pre-2004 Recodification Citation: 33-5-5.1-15.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-20Repealed

[Pre-2004 Recodification Citation: 33-5-5.1-4.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011,
SEC.115.

IC 33-33-2-21Fees

Sec. 21. The same fees shall be taxed in the Allen
superior court as are provided by law to be taxed in the Allen circuit
court. When collected in the Allen superior court, the fees shall be
disbursed in the same manner as similar fees are disbursed in the Allen
circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-13.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-22Laws applicable to superior court

Sec. 22. All laws of the state and rules adopted by the
supreme court governing the Allen circuit court in matters of pleading,
practice, the issuing and service of process, the giving of notice, the
appointing of judges pro tempore and special judges, changes of venue
from the judge and from the county, adjournments by the court and by
the clerk in the absence of the judge, and the selection of jurors for the
court apply to and govern the Allen superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-16.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-23Repealed

[Pre-2004 Recodification Citation: 33-5-5.1-17.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007,
SEC.38.

IC 33-33-2-24Fees of jurors and witnesses

Sec. 24. Jurors and witnesses in attendance upon the
Allen superior court shall receive the same fees as are provided for by
law for jurors and witnesses in the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-18.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-25Transfer of cases from circuit court

Sec. 25. The judge of the Allen circuit court may,
with the consent of the Allen superior court, transfer any action, cause,
or proceeding filed and docketed in the circuit court to the superior
court by transferring all original papers and instruments filed in the
action, cause, or proceeding without a further transcript to be
redocketed and disposed of as if originally filed with the Allen superior
court.

[Pre-2004 Recodification Citation: 33-5-5.1-25.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-26Transfer of cases to circuit court

Sec. 26. Any judge of the Allen superior court may,
with the consent of the judge of the Allen circuit court, transfer any
action, cause, or proceeding filed and docketed in the superior court to
the circuit court by transferring all original papers and instruments filed
in the action, cause, or proceeding without further transcript thereof to
be redocketed and disposed of as if originally filed with the circuit
court.

[Pre-2004 Recodification Citation: 33-5-5.1-26.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-27Authority of circuit judge to sit in superior court

Sec. 27. The judge of the Allen circuit court may sit
as a judge of the superior court, with the superior court's permission, in
all matters pending before the superior court, without limitation and
without any further order, in the same manner as if the circuit court
judge were a judge of the superior court with all the rights and powers
as if the circuit court judge were appointed judge of the superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-27.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-28Appeals

Sec. 28. Any party may appeal from any order or
judgment of the superior court in any case where an appeal may be had
from a similar order or judgment of the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-19.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-29Process

Sec. 29. The process of the Allen superior court must
have the seal affixed and be attested, directed, served, and returned,
and be in the form as is provided for process issuing from the circuit
court.

[Pre-2004 Recodification Citation: 33-5-5.1-20.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-30Board of judges

Sec. 30. (a) The Allen superior court shall be
governed and operated by a board of judges composed of all the judges
of the superior court. Six (6) judges are required for a quorum for
conducting business and as a majority for taking action. Every two (2)
years the board of judges shall elect a chief judge to carry out
ministerial functions of representation as the board of judges
periodically determines by a majority of the board's members.

(b) Matters of administration, budget, expenditures, policy, and
procedure affecting the entire superior court shall be determined by a
majority of the board of judges. Any determination binds the entire
board of judges and each judge of the board.

(c) One (1) budget covering all the divisions of the superior court
shall be prepared for the superior court and submitted to the county
fiscal body. However, each division shall prepare its own budget as a
component of the superior court's total budget.

[Pre-2004 Recodification Citation: 33-5-5.1-21.1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-31Divisions of the court

Sec. 31. (a) The court, by rules adopted by the Allen
superior court, shall divide the work of the court into the following
divisions:

(d) Cases involving matters specified in IC 33-29-2-4 shall be
assigned to the small claims docket in the civil division.

(e) The work of each division may be divided further by rules
adopted by the court.

(f) Every two (2) years each division of the court shall elect an
administrative judge for that division. The administrative judge shall
carry out ministerial, administrative, and assignment functions as are
periodically determined by a majority of the judges of that division.

(g) Matters of administration, budget, expenditures, policy, and
procedure in each division shall be determined by a majority of the
judges of that division.

(h) Disputes within any division concerning administration, budget,
expenditures, policy, procedure, and assignments that pertain to the
division as a whole or to any individual judge of the division, that for
any reason cannot be resolved by a majority of the judges in the
division, shall be submitted to the board of judges and determined by
a majority of the board of judges.

(i) A resolution approved by a majority of the board of judges that
resolves disputes within a division must include at least one (1) of the
judges of that division and binds all of the judges of that division.

[Pre-2004 Recodification Citation: 33-5-5.1-23.]

As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007,
SEC.217.

IC 33-33-2-32Judicial nominating commission; establishment

Sec. 32. (a) There is established a judicial
nominating commission for the Allen superior court.

(b) The board of county commissioners of Allen County shall
provide all facilities, equipment, supplies, and services necessary for
the administration of the duties of the commission.

(c) The members of the commission serve without compensation.
However, the board of commissioners shall reimburse members of the
commission for actual expenses incurred in performing their duties.

[Pre-2004 Recodification Citation: 33-5-5.1-30.1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-33Judicial nominating commission; membership

Sec. 33. (a) The judicial nominating commission
consists of seven (7) members, the majority of whom shall form a
quorum. The chief justice of the supreme court (or a justice of the
supreme court or judge of the court of appeals designated by the chief
justice) shall be a member and shall act as chairman. Persons who are
admitted to the practice of law and who reside in Allen County shall,
under sections 35 and 36 of this chapter, elect three (3) members to
serve on the commission. The governor shall appoint to the
commission three (3) residents of Allen County who are not admitted
to the practice of law. However, not more than two (2) of these
appointees may be from the same political party. If the governor fails
to appoint any of the nonattorney commission members within the time
required under section 34 of this chapter, the appointment shall be
made by the chief justice of the supreme court.

(b) A member of the commission other than a judge or justice may
not hold any other salaried public office, and a member may not hold
an office in a political party or organization. A member of the
commission is ineligible for appointment to a judicial office in Allen
County while the member is a member of the commission and for three
(3) years thereafter. If any member of the commission other than a
judge or justice terminates the member's residence in Allen County, the
member is considered to have resigned from the commission.

[Pre-2004 Recodification Citation: 33-5-5.1-31.1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-34Judicial nominating commission; nonattorney members

Sec. 34. (a) The governor shall appoint the three (3)
nonattorney members of the commission.

(b) One (1) month before the expiration of a term of office of a
nonattorney commissioner, the governor shall:

(1) reappoint the commissioner; or

(2) appoint a replacement.

All appointments shall be certified to the secretary of state, the clerk of
the supreme court, and the clerk of Allen superior court not more than
ten (10) days after the appointment.

(c) After their initial terms, the governor shall appoint each
nonattorney commissioner for a term of four (4) years.

(d) When a vacancy occurs in the office of a nonattorney
commissioner, the chairman of the commission shall promptly notify
the governor in writing of that fact. Vacancies in the office of
nonattorney commissioners shall be filled by appointment of the
governor not more than sixty (60) days after the governor has notice of
the vacancy. The nonattorney commissioner appointed shall serve
during the unexpired term of the member whose vacancy the
nonattorney commissioner has filled.

[Pre-2004 Recodification Citation: 33-5-5.1-32.1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-35Judicial nominating commission; attorney members

Sec. 35. (a) Persons who are admitted to the practice
of law and who reside in Allen County (referred to as "attorney
electors") shall elect three (3) members to serve on the commission.
The term of office of each elected attorney member is four (4) years,
commencing on the first day of October following the member's
election. The election day is the first Tuesday in September 1983, and
every four (4) years thereafter. During the month before the expiration
of each attorney commissioner's term of office, an election shall be held
to fill the succeeding four (4) year term of office.

(b) Except when a term of office has less than ninety (90) days
remaining, vacancies in the office of an attorney commissioner shall be
filled for the unexpired term by a special election.

Sec. 36. The attorney members of the commission
shall be elected by the following process:

(1) The clerk of the superior court shall, at least ninety (90) days
before the date of election, notify all attorneys in Allen County of
the election by mail, informing them that nominations must be
made to the clerk of the superior court at least sixty (60) days
before the election.

(2) A nomination in writing, accompanied by a signed petition of
ten (10) attorney electors and the written consent of the qualified
nominee, shall be filed by an attorney elector in the office of the
clerk at least sixty (60) days before the election.

(3) The clerk shall prepare and print ballots containing the names
and residential addresses of all attorney nominees whose written
nominations, petitions, and written statements of consent have
been received sixty (60) days before the election.

(A) The ballot must read:

"ALLEN SUPERIOR COURT

NOMINATING COMMISSION BALLOT

To be cast by individuals residing in Allen County and admitted to
the practice of law in Indiana. Vote for not more than three (3) of the
following candidates for terms commencing __________.

(Name)(Address)

(Name)(Address)

(etc.)(etc.)

To be counted, this ballot must be completed, the accompanying
certificate completed and signed, and both together mailed or delivered
to the clerk of the Allen Superior Court not later than
______________.

DESTROY BALLOT IF NOT USED".

(B) The three (3) nominees receiving the most votes are
elected.

(4) The clerk shall also supply with each ballot distributed by the
clerk a certificate, to be completed and signed and returned by the
attorney elector voting the ballot, certifying that the attorney
elector is admitted to the practice of law in Indiana, that the
attorney elector resides in Allen County, and that the attorney
elector voted the ballot returned. A ballot not accompanied by the
signed certificate of the voter may not be counted.

(5) A separate envelope shall be provided by the clerk for the
ballot, in which only the voted ballot is to be placed. This
envelope may not be opened until the counting of the ballots.

(6) The clerk of the superior court shall mail a ballot and its
accompanying material to all qualified electors at least two (2)
weeks before the date of election.

(7) Upon receiving the completed ballots and the accompanying
certificates, the clerk shall ensure that the certificates have been
completed in compliance with this chapter. All ballots that are
accompanied by a valid certificate shall be placed in a package
designated to contain ballots. All accompanying certificates shall
be placed in a separate package.

(8) The clerk, with the assistance of the Allen County election
board, shall open and canvass all ballots after 4 p.m. on the day
of the election in the office of the clerk of the Allen superior
court. A ballot received after 4 p.m. may not be counted unless
the chairman of the judicial nominating commission orders an
extension of time because of extraordinary circumstances. Upon
canvassing the ballots the clerk shall place all ballots in their
package. These, along with the certificates, shall be retained in
the clerk's office for six (6) months, and the clerk may not permit
anyone to inspect them except upon an order of the court of
appeals.

(9) If two (2) or more nominees are tied so that one (1) additional
vote cast for one (1) of them would give that nominee a plurality,
the canvassers shall resolve the tie by lot, and the winner of the
lot is considered to have been elected.

(2) the names of the nonattorney commissioners appointed by the
governor have been certified to the secretary of state, the clerk of
the supreme court, and the clerk of Allen superior court;

the superior court clerk shall notify the members of the commission of
their election or appointment.

[Pre-2004 Recodification Citation: 33-5-5.1-35.1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-38Judicial nominating commission; service; limitation

Sec. 38. (a) A member of the commission shall serve
until the member's successor is appointed or elected.

(b) An attorney commissioner or nonattorney commissioner is not
eligible for more than two (2) successive reelections or reappointments.

[Pre-2004 Recodification Citation: 33-5-5.1-36.1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-2-39Vacancy in judgeship; nomination of candidates; meetings of
commission

Sec. 39. (a) When a judge of the superior court:

(1) dies, resigns, is removed from office; or

(2) is for any reason ineligible to continue or incapable of
continuing in office until the end of the judge's term in office;

a judge in another division may not more than thirty (30) days after the
vacancy occurs transfer to the vacant position for the remainder of the
transferring judge's term. A judge who has made one (1) transfer is
ineligible to make any other transfers. If more than one (1) judge
desires to transfer, the most senior of these judges is entitled to transfer.
After a transfer, or the thirty (30) day period if a transfer is not made,
the commission shall meet to nominate three (3) candidates to fill the
unexpired term of the vacancy caused by the transferring judge or the
original vacancy if a transfer is not made.

(b) The clerk shall promptly notify the members of the commission
of a vacancy that the commission must fill under subsection (a), and the
chairman shall call a meeting of the commission within ten (10) days
following that notice. The commission shall submit its nominations of
three (3) candidates for the vacancy and shall certify them to the
governor not later than sixty (60) days after the vacancy occurred.
When it is known that a vacancy will occur at a definite future date
within the term of the governor then serving:

(1) the clerk shall notify the chairman and each member of the
commission immediately; and

(2) the chairman shall call a meeting of the commission within ten
(10) days following that notice.

The commission may then submit its nominations of three (3)
candidates for each impending vacancy and shall certify them to the
governor.

(c) Meetings of the commission shall be called by its chairman, or,
if the chairman fails to call a necessary meeting, upon the call of any
four (4) members of the commission. Written notice of a meeting shall
be given by mail to each member of the commission at least five (5)
days before the meeting, unless the commission at its previous meeting
designated the time and place of its next meeting.

(d) Meetings of the commission may be held in the Allen County
courthouse or in another public building in Allen County designated by
the commission.

(e) The commission shall act only at a meeting and may act only by
the concurrence of a majority of its members attending a meeting. The
commission may adopt rules for the conduct of its proceedings and the
discharge of its duties.

Sec. 40. In selecting the three (3) nominees to be
submitted to the governor, the commission shall comply with the
following requirements:

(1) The commission shall submit only the names of the three (3)
most highly qualified candidates from among all those eligible
individuals considered. To be eligible for nomination as a judge
of the Allen superior court, a person must meet the qualifications
listed in section 10 of this chapter.

(2) As an aid in choosing the three (3) most qualified candidates,
the commission shall in writing evaluate each eligible individual
it considers on the following factors:

(A) Law school record, including any academic honors and
achievements.